CBSE Textbook: Concept of State | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Concept of State 
Contents
I. What is a State?
II. The concept of State and Article 12 of the Constitution of India
III. What is Government? 
IV . Emergence of the State from Society
V . Definition of State
VI. Theories on the origin of State
VII. Elements of a State
VIII. Role of a State
IX. Exercises 
Learning Outcomes
Students will be able to:
• Define the term “State” in legal and political context especially international law
• Identify and explain the elements that are required by any political institution to be recognized as 
a State
• Define, identify and illustrate the various roles played by states in the context of the governmental 
control being exercised on the citizens
• Evaluate the relevance of Modern Welfare States in today’s global scenario
I. What is a State?
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are politically 
organised; the system of rules by which jurisdiction and authority are exercised over such a body of 
people.”
II. The concept of State and Article 12 of the Indian Constitution 
Article 12 of the Constitution of India states that, “in this part, unless the context otherwise requires, 
the State includes the Government and Parliament of India and the Government and the Legislature 
of each of the States and all local or other authorities within the territory of India or under the control 
of the Government of India.”
CHAPTER
1
Page 2


3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Concept of State 
Contents
I. What is a State?
II. The concept of State and Article 12 of the Constitution of India
III. What is Government? 
IV . Emergence of the State from Society
V . Definition of State
VI. Theories on the origin of State
VII. Elements of a State
VIII. Role of a State
IX. Exercises 
Learning Outcomes
Students will be able to:
• Define the term “State” in legal and political context especially international law
• Identify and explain the elements that are required by any political institution to be recognized as 
a State
• Define, identify and illustrate the various roles played by states in the context of the governmental 
control being exercised on the citizens
• Evaluate the relevance of Modern Welfare States in today’s global scenario
I. What is a State?
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are politically 
organised; the system of rules by which jurisdiction and authority are exercised over such a body of 
people.”
II. The concept of State and Article 12 of the Indian Constitution 
Article 12 of the Constitution of India states that, “in this part, unless the context otherwise requires, 
the State includes the Government and Parliament of India and the Government and the Legislature 
of each of the States and all local or other authorities within the territory of India or under the control 
of the Government of India.”
CHAPTER
1
UNIT I
UNIT II UNIT III UNIT IV UNIT V
4
As per the definition provided above, State includes the following:
1.  The Government and Parliament of India, i.e., Executive and Legislature of the Union
2.  The Government and Legislature of each State, i.e., Executive and Legislature of the State
3.  All local and other authorities within the territory of India
4.  All local and other authorities under the control of the Government of India
Quick Facts about Article 12
Facts about Article 12
What is Article 12 of the 
Constitution?
It defines the term ‘State’ which is used in Part-III of the 
Constitution while mentioning the application of the provisions 
of Fundamental Rights of the Indian Citizen.
Is Article 12 a Fundamental 
Right?
Article 12 in itself is not a Fundamental Right technically, but 
it defines the term ‘State’ for the Fundamental Rights that are 
entailed in Articles 14 to 35.
Is judiciary a State under 
Article 12?
There is no explicit mention of judiciary (Supreme Courts, 
High Court, or Lower Courts) as a ‘State’ in Article 12. 
However, judiciary cannot make rules that are in itself violative 
of Fundamental Rights.
III. What is Government?
Black’s Law dictionary defines ‘Government’ as “the structure of principles and rules determining 
how a state or organization is regulated.”
What is the difference between State and Government? 
Some of the main differences between state and government are as follows:
STATE GOVERNMENT
A State has four essential elements—
Population, Territory, Government and 
Sovereignty. 
Government is only one element of the State.
Sovereignty is the hallmark of the State. It 
belongs to the State. 
The government exercises power on behalf of the 
State. 
The State has sovereign ownership and 
jurisdiction over its territory. State is a 
territorial entity and territory belongs to it.
The government has the responsibility to preserve, 
protect and defend the territory of the State.
Page 3


3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Concept of State 
Contents
I. What is a State?
II. The concept of State and Article 12 of the Constitution of India
III. What is Government? 
IV . Emergence of the State from Society
V . Definition of State
VI. Theories on the origin of State
VII. Elements of a State
VIII. Role of a State
IX. Exercises 
Learning Outcomes
Students will be able to:
• Define the term “State” in legal and political context especially international law
• Identify and explain the elements that are required by any political institution to be recognized as 
a State
• Define, identify and illustrate the various roles played by states in the context of the governmental 
control being exercised on the citizens
• Evaluate the relevance of Modern Welfare States in today’s global scenario
I. What is a State?
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are politically 
organised; the system of rules by which jurisdiction and authority are exercised over such a body of 
people.”
II. The concept of State and Article 12 of the Indian Constitution 
Article 12 of the Constitution of India states that, “in this part, unless the context otherwise requires, 
the State includes the Government and Parliament of India and the Government and the Legislature 
of each of the States and all local or other authorities within the territory of India or under the control 
of the Government of India.”
CHAPTER
1
UNIT I
UNIT II UNIT III UNIT IV UNIT V
4
As per the definition provided above, State includes the following:
1.  The Government and Parliament of India, i.e., Executive and Legislature of the Union
2.  The Government and Legislature of each State, i.e., Executive and Legislature of the State
3.  All local and other authorities within the territory of India
4.  All local and other authorities under the control of the Government of India
Quick Facts about Article 12
Facts about Article 12
What is Article 12 of the 
Constitution?
It defines the term ‘State’ which is used in Part-III of the 
Constitution while mentioning the application of the provisions 
of Fundamental Rights of the Indian Citizen.
Is Article 12 a Fundamental 
Right?
Article 12 in itself is not a Fundamental Right technically, but 
it defines the term ‘State’ for the Fundamental Rights that are 
entailed in Articles 14 to 35.
Is judiciary a State under 
Article 12?
There is no explicit mention of judiciary (Supreme Courts, 
High Court, or Lower Courts) as a ‘State’ in Article 12. 
However, judiciary cannot make rules that are in itself violative 
of Fundamental Rights.
III. What is Government?
Black’s Law dictionary defines ‘Government’ as “the structure of principles and rules determining 
how a state or organization is regulated.”
What is the difference between State and Government? 
Some of the main differences between state and government are as follows:
STATE GOVERNMENT
A State has four essential elements—
Population, Territory, Government and 
Sovereignty. 
Government is only one element of the State.
Sovereignty is the hallmark of the State. It 
belongs to the State. 
The government exercises power on behalf of the 
State. 
The State has sovereign ownership and 
jurisdiction over its territory. State is a 
territorial entity and territory belongs to it.
The government has the responsibility to preserve, 
protect and defend the territory of the State.
5
UNIT I
UNIT II UNIT III UNIT IV UNIT V
IV. Emergence of the State from Society
The State is usually described as ‘society politically organized’. Society is an association of human 
beings, who live a collective life and form social relations to fulfil their needs of life. These may be 
physical, emotional, intellectual or spiritual. The presence of the societal institutions like family, clans, 
tribes, villages, religious institutions, educational institutions, work place associations etc. in a society 
is a fact, which cannot be denied. Society is the whole web of social relationship based on kinship, 
affinity, language affinity, religious affinity, common conscience of individuals and territorial affinity. 
Social relationships are governed by necessity, custom, courtesy, morality, mutual understanding, 
agreement or even contract.
When a society is governed by common set of laws, rules, regulations, and obey a supreme authority, 
it qualifies for being a State. The State fulfils the need of political organization of society to realize the 
purpose of collective living. This is what we understand from the famous phrases used by Aristotle 
(384-322 BCE) in his treatise Politics, where he observed that ‘Man is a social animal; Man is a 
political animal’.
Thus, the State is formed out of society. The society is the primary association. A State is formed 
to regulate the political activity of individuals for social order. The State depends on society for its 
existence, and not vice versa.
R.M. MacIver (1882-1970) in his famous work ‘The Modern State’ has thus observed, ‘There are 
social forms like the family or church or the club, which owe neither their origin nor their inspiration 
to the state; and social forces, like custom or competition, which the state may protect or modify, but 
certainly does not create; and social motives like friendship or jealousy, which establishes relationships 
too intimate and personal to be controlled by the great engine of the state………. The State in a word 
regulates the outstanding external relationships of men in society’.
V. Definition of State
According to J. W. Garner, ‘state is a community of persons more or less numerous, permanently 
occupying a definite portion of territory, independent or nearly so, of external control and possessing 
an organised Government to which the great body of inhabitants render habitual obedience’. The 
definition given by Garner contains all the elements of the state. The state must possess four elements, 
namely, population, territory, government and sovereignty.
VI. Theories on the origin of State
Political philosophers have given different theories on the origin of the state.
Theory of Kinship
The theory of kinship on the origin of State is based on sociological facts. The earliest advocate of this 
theory is Aristotle (384-322 BCE). In his treatise, ‘Politics’ Aristotle states, ‘Society of many families 
is called a village and a village is most naturally composed of the descendants of one family, the 
children and the children’s children…, for every family is governed by the elder, as are the branches 
thereof, on account of their relation, there unto…. and when many villages so entirely join themselves 
together as in every respect to form but one society, that society is state and contains in itself that 
perfection of government’.
In other words, family was the unit of society at the beginning. The blood relationship and kinship 
brought the members of the family together and they all accepted the authority of the head of the 
family. The name of the common ancestor was the symbol of kinship. Kinship created society and 
Page 4


3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Concept of State 
Contents
I. What is a State?
II. The concept of State and Article 12 of the Constitution of India
III. What is Government? 
IV . Emergence of the State from Society
V . Definition of State
VI. Theories on the origin of State
VII. Elements of a State
VIII. Role of a State
IX. Exercises 
Learning Outcomes
Students will be able to:
• Define the term “State” in legal and political context especially international law
• Identify and explain the elements that are required by any political institution to be recognized as 
a State
• Define, identify and illustrate the various roles played by states in the context of the governmental 
control being exercised on the citizens
• Evaluate the relevance of Modern Welfare States in today’s global scenario
I. What is a State?
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are politically 
organised; the system of rules by which jurisdiction and authority are exercised over such a body of 
people.”
II. The concept of State and Article 12 of the Indian Constitution 
Article 12 of the Constitution of India states that, “in this part, unless the context otherwise requires, 
the State includes the Government and Parliament of India and the Government and the Legislature 
of each of the States and all local or other authorities within the territory of India or under the control 
of the Government of India.”
CHAPTER
1
UNIT I
UNIT II UNIT III UNIT IV UNIT V
4
As per the definition provided above, State includes the following:
1.  The Government and Parliament of India, i.e., Executive and Legislature of the Union
2.  The Government and Legislature of each State, i.e., Executive and Legislature of the State
3.  All local and other authorities within the territory of India
4.  All local and other authorities under the control of the Government of India
Quick Facts about Article 12
Facts about Article 12
What is Article 12 of the 
Constitution?
It defines the term ‘State’ which is used in Part-III of the 
Constitution while mentioning the application of the provisions 
of Fundamental Rights of the Indian Citizen.
Is Article 12 a Fundamental 
Right?
Article 12 in itself is not a Fundamental Right technically, but 
it defines the term ‘State’ for the Fundamental Rights that are 
entailed in Articles 14 to 35.
Is judiciary a State under 
Article 12?
There is no explicit mention of judiciary (Supreme Courts, 
High Court, or Lower Courts) as a ‘State’ in Article 12. 
However, judiciary cannot make rules that are in itself violative 
of Fundamental Rights.
III. What is Government?
Black’s Law dictionary defines ‘Government’ as “the structure of principles and rules determining 
how a state or organization is regulated.”
What is the difference between State and Government? 
Some of the main differences between state and government are as follows:
STATE GOVERNMENT
A State has four essential elements—
Population, Territory, Government and 
Sovereignty. 
Government is only one element of the State.
Sovereignty is the hallmark of the State. It 
belongs to the State. 
The government exercises power on behalf of the 
State. 
The State has sovereign ownership and 
jurisdiction over its territory. State is a 
territorial entity and territory belongs to it.
The government has the responsibility to preserve, 
protect and defend the territory of the State.
5
UNIT I
UNIT II UNIT III UNIT IV UNIT V
IV. Emergence of the State from Society
The State is usually described as ‘society politically organized’. Society is an association of human 
beings, who live a collective life and form social relations to fulfil their needs of life. These may be 
physical, emotional, intellectual or spiritual. The presence of the societal institutions like family, clans, 
tribes, villages, religious institutions, educational institutions, work place associations etc. in a society 
is a fact, which cannot be denied. Society is the whole web of social relationship based on kinship, 
affinity, language affinity, religious affinity, common conscience of individuals and territorial affinity. 
Social relationships are governed by necessity, custom, courtesy, morality, mutual understanding, 
agreement or even contract.
When a society is governed by common set of laws, rules, regulations, and obey a supreme authority, 
it qualifies for being a State. The State fulfils the need of political organization of society to realize the 
purpose of collective living. This is what we understand from the famous phrases used by Aristotle 
(384-322 BCE) in his treatise Politics, where he observed that ‘Man is a social animal; Man is a 
political animal’.
Thus, the State is formed out of society. The society is the primary association. A State is formed 
to regulate the political activity of individuals for social order. The State depends on society for its 
existence, and not vice versa.
R.M. MacIver (1882-1970) in his famous work ‘The Modern State’ has thus observed, ‘There are 
social forms like the family or church or the club, which owe neither their origin nor their inspiration 
to the state; and social forces, like custom or competition, which the state may protect or modify, but 
certainly does not create; and social motives like friendship or jealousy, which establishes relationships 
too intimate and personal to be controlled by the great engine of the state………. The State in a word 
regulates the outstanding external relationships of men in society’.
V. Definition of State
According to J. W. Garner, ‘state is a community of persons more or less numerous, permanently 
occupying a definite portion of territory, independent or nearly so, of external control and possessing 
an organised Government to which the great body of inhabitants render habitual obedience’. The 
definition given by Garner contains all the elements of the state. The state must possess four elements, 
namely, population, territory, government and sovereignty.
VI. Theories on the origin of State
Political philosophers have given different theories on the origin of the state.
Theory of Kinship
The theory of kinship on the origin of State is based on sociological facts. The earliest advocate of this 
theory is Aristotle (384-322 BCE). In his treatise, ‘Politics’ Aristotle states, ‘Society of many families 
is called a village and a village is most naturally composed of the descendants of one family, the 
children and the children’s children…, for every family is governed by the elder, as are the branches 
thereof, on account of their relation, there unto…. and when many villages so entirely join themselves 
together as in every respect to form but one society, that society is state and contains in itself that 
perfection of government’.
In other words, family was the unit of society at the beginning. The blood relationship and kinship 
brought the members of the family together and they all accepted the authority of the head of the 
family. The name of the common ancestor was the symbol of kinship. Kinship created society and 
UNIT I
UNIT II UNIT III UNIT IV UNIT V
6
The Minangkabau is the largest matriarchal society in the world. They 
are the indigenous tribe of the Sumatra region of Indonesia which 
is made up of 4.2 million members. Ownership of land, as well as 
the family name, is passed from mother to daughter whereas men are 
involved in political matters.
society in turn created the State. With the expansion of family arose new families and multiplication 
of families led to the formation of clans. With the expansion of clans, tribes came into existence and 
ultimately the state came into existence. Family, discipline, command and obedience are supposed to 
represent the origin of government. This view finds support from the writings of R.M. MacIver (1882-
1970) according to which curbs and controls that constitute the essence of government is first seen in 
the family. There is a difference of opinion among the scholars regarding the nature of kinship.
Patriarchal Theory
According to Patriarchal Theory, in the origin and development of State, the eldest male descendant 
of the family had an important role to play. The Patriarchal theory finds its support from Sir Henry 
Maine (1822-1888). In his book ‘The Spirit of Laws’ (1861), Maine explained that the state developed 
out of the family as legitimate legal system developed out of the unrestrained autocracy of the family 
head (patria potestas). Under patria potestas, the eldest male parent of the family had the final and 
unqualified authority over the family and the household. He expanded the family ties by polygamy 
and thus created the bondage among the individuals on the basis of kinship to form a state. The 
congregation of families formed villages, and extension of villages formed tribes or a clan, ultimately 
to form State.
Matriarchal Theory
Matriarchal Theory finds support from political thinkers like McLennan (1827-1881), and Edward 
Jenks (1861-1939). According to them, patriarchal families were non-existent in the primitive ages. 
Polyandry (where a woman had many husbands) was the highest authority of the household. 
McLennan described mater familias (mother as the head of family) as the martia potestas (mother as 
the final authority) in matters of possession and disposal of property of the family.
Edward Jenks illustrates this process from his studies of primitive tribes in Australia. The Australian 
tribes were organized in some sort of tribes known as totem group. The totem groups were not organized 
on the basis of blood relationship but they were united by a common symbol like a tree or an animal. 
Men of one totem group would marry all the women of their generation belonging to another totem 
group. Thus, the system of marriage included polygamy as also polyandry. Kinship and paternity 
in such cases could not be determined 
but maternity was a fact.
Edward Jenks points out that with 
the passage of time and beginning of 
pastoral stage in human civilization, 
the matriarchal society evolved into 
the patriarchal one.
Patriarchal and matriarchal theories 
have been criticized on the ground that 
the authority of a state as a political 
institution over its individuals is not by 
nature but by the choice of individuals. 
The purpose of forming a state also 
differs to a great extent from that of 
a family. The authority to run a state 
is conferred on the ruler not because 
of his seniority, but on account of his 
status and competence.
Page 5


3
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Concept of State 
Contents
I. What is a State?
II. The concept of State and Article 12 of the Constitution of India
III. What is Government? 
IV . Emergence of the State from Society
V . Definition of State
VI. Theories on the origin of State
VII. Elements of a State
VIII. Role of a State
IX. Exercises 
Learning Outcomes
Students will be able to:
• Define the term “State” in legal and political context especially international law
• Identify and explain the elements that are required by any political institution to be recognized as 
a State
• Define, identify and illustrate the various roles played by states in the context of the governmental 
control being exercised on the citizens
• Evaluate the relevance of Modern Welfare States in today’s global scenario
I. What is a State?
Black’s Law dictionary defines ‘State’ as “the political system of a body of people who are politically 
organised; the system of rules by which jurisdiction and authority are exercised over such a body of 
people.”
II. The concept of State and Article 12 of the Indian Constitution 
Article 12 of the Constitution of India states that, “in this part, unless the context otherwise requires, 
the State includes the Government and Parliament of India and the Government and the Legislature 
of each of the States and all local or other authorities within the territory of India or under the control 
of the Government of India.”
CHAPTER
1
UNIT I
UNIT II UNIT III UNIT IV UNIT V
4
As per the definition provided above, State includes the following:
1.  The Government and Parliament of India, i.e., Executive and Legislature of the Union
2.  The Government and Legislature of each State, i.e., Executive and Legislature of the State
3.  All local and other authorities within the territory of India
4.  All local and other authorities under the control of the Government of India
Quick Facts about Article 12
Facts about Article 12
What is Article 12 of the 
Constitution?
It defines the term ‘State’ which is used in Part-III of the 
Constitution while mentioning the application of the provisions 
of Fundamental Rights of the Indian Citizen.
Is Article 12 a Fundamental 
Right?
Article 12 in itself is not a Fundamental Right technically, but 
it defines the term ‘State’ for the Fundamental Rights that are 
entailed in Articles 14 to 35.
Is judiciary a State under 
Article 12?
There is no explicit mention of judiciary (Supreme Courts, 
High Court, or Lower Courts) as a ‘State’ in Article 12. 
However, judiciary cannot make rules that are in itself violative 
of Fundamental Rights.
III. What is Government?
Black’s Law dictionary defines ‘Government’ as “the structure of principles and rules determining 
how a state or organization is regulated.”
What is the difference between State and Government? 
Some of the main differences between state and government are as follows:
STATE GOVERNMENT
A State has four essential elements—
Population, Territory, Government and 
Sovereignty. 
Government is only one element of the State.
Sovereignty is the hallmark of the State. It 
belongs to the State. 
The government exercises power on behalf of the 
State. 
The State has sovereign ownership and 
jurisdiction over its territory. State is a 
territorial entity and territory belongs to it.
The government has the responsibility to preserve, 
protect and defend the territory of the State.
5
UNIT I
UNIT II UNIT III UNIT IV UNIT V
IV. Emergence of the State from Society
The State is usually described as ‘society politically organized’. Society is an association of human 
beings, who live a collective life and form social relations to fulfil their needs of life. These may be 
physical, emotional, intellectual or spiritual. The presence of the societal institutions like family, clans, 
tribes, villages, religious institutions, educational institutions, work place associations etc. in a society 
is a fact, which cannot be denied. Society is the whole web of social relationship based on kinship, 
affinity, language affinity, religious affinity, common conscience of individuals and territorial affinity. 
Social relationships are governed by necessity, custom, courtesy, morality, mutual understanding, 
agreement or even contract.
When a society is governed by common set of laws, rules, regulations, and obey a supreme authority, 
it qualifies for being a State. The State fulfils the need of political organization of society to realize the 
purpose of collective living. This is what we understand from the famous phrases used by Aristotle 
(384-322 BCE) in his treatise Politics, where he observed that ‘Man is a social animal; Man is a 
political animal’.
Thus, the State is formed out of society. The society is the primary association. A State is formed 
to regulate the political activity of individuals for social order. The State depends on society for its 
existence, and not vice versa.
R.M. MacIver (1882-1970) in his famous work ‘The Modern State’ has thus observed, ‘There are 
social forms like the family or church or the club, which owe neither their origin nor their inspiration 
to the state; and social forces, like custom or competition, which the state may protect or modify, but 
certainly does not create; and social motives like friendship or jealousy, which establishes relationships 
too intimate and personal to be controlled by the great engine of the state………. The State in a word 
regulates the outstanding external relationships of men in society’.
V. Definition of State
According to J. W. Garner, ‘state is a community of persons more or less numerous, permanently 
occupying a definite portion of territory, independent or nearly so, of external control and possessing 
an organised Government to which the great body of inhabitants render habitual obedience’. The 
definition given by Garner contains all the elements of the state. The state must possess four elements, 
namely, population, territory, government and sovereignty.
VI. Theories on the origin of State
Political philosophers have given different theories on the origin of the state.
Theory of Kinship
The theory of kinship on the origin of State is based on sociological facts. The earliest advocate of this 
theory is Aristotle (384-322 BCE). In his treatise, ‘Politics’ Aristotle states, ‘Society of many families 
is called a village and a village is most naturally composed of the descendants of one family, the 
children and the children’s children…, for every family is governed by the elder, as are the branches 
thereof, on account of their relation, there unto…. and when many villages so entirely join themselves 
together as in every respect to form but one society, that society is state and contains in itself that 
perfection of government’.
In other words, family was the unit of society at the beginning. The blood relationship and kinship 
brought the members of the family together and they all accepted the authority of the head of the 
family. The name of the common ancestor was the symbol of kinship. Kinship created society and 
UNIT I
UNIT II UNIT III UNIT IV UNIT V
6
The Minangkabau is the largest matriarchal society in the world. They 
are the indigenous tribe of the Sumatra region of Indonesia which 
is made up of 4.2 million members. Ownership of land, as well as 
the family name, is passed from mother to daughter whereas men are 
involved in political matters.
society in turn created the State. With the expansion of family arose new families and multiplication 
of families led to the formation of clans. With the expansion of clans, tribes came into existence and 
ultimately the state came into existence. Family, discipline, command and obedience are supposed to 
represent the origin of government. This view finds support from the writings of R.M. MacIver (1882-
1970) according to which curbs and controls that constitute the essence of government is first seen in 
the family. There is a difference of opinion among the scholars regarding the nature of kinship.
Patriarchal Theory
According to Patriarchal Theory, in the origin and development of State, the eldest male descendant 
of the family had an important role to play. The Patriarchal theory finds its support from Sir Henry 
Maine (1822-1888). In his book ‘The Spirit of Laws’ (1861), Maine explained that the state developed 
out of the family as legitimate legal system developed out of the unrestrained autocracy of the family 
head (patria potestas). Under patria potestas, the eldest male parent of the family had the final and 
unqualified authority over the family and the household. He expanded the family ties by polygamy 
and thus created the bondage among the individuals on the basis of kinship to form a state. The 
congregation of families formed villages, and extension of villages formed tribes or a clan, ultimately 
to form State.
Matriarchal Theory
Matriarchal Theory finds support from political thinkers like McLennan (1827-1881), and Edward 
Jenks (1861-1939). According to them, patriarchal families were non-existent in the primitive ages. 
Polyandry (where a woman had many husbands) was the highest authority of the household. 
McLennan described mater familias (mother as the head of family) as the martia potestas (mother as 
the final authority) in matters of possession and disposal of property of the family.
Edward Jenks illustrates this process from his studies of primitive tribes in Australia. The Australian 
tribes were organized in some sort of tribes known as totem group. The totem groups were not organized 
on the basis of blood relationship but they were united by a common symbol like a tree or an animal. 
Men of one totem group would marry all the women of their generation belonging to another totem 
group. Thus, the system of marriage included polygamy as also polyandry. Kinship and paternity 
in such cases could not be determined 
but maternity was a fact.
Edward Jenks points out that with 
the passage of time and beginning of 
pastoral stage in human civilization, 
the matriarchal society evolved into 
the patriarchal one.
Patriarchal and matriarchal theories 
have been criticized on the ground that 
the authority of a state as a political 
institution over its individuals is not by 
nature but by the choice of individuals. 
The purpose of forming a state also 
differs to a great extent from that of 
a family. The authority to run a state 
is conferred on the ruler not because 
of his seniority, but on account of his 
status and competence.
7
UNIT I
UNIT II UNIT III UNIT IV UNIT V
Divine Theory
According to the Divine Theory, state is established and governed by God or some super human 
power or the King as his agent and the religious scriptures. As God created the animals, plants, trees, 
rivers, hills and other inanimate objects, the God also created the state for a particular end in view, 
that is, peace, protection and preservation of creatures on this earth. This theory found support from 
political thinkers such as James I (1566-1625) and Sir Robert Filmer (1588-1653). This theory implies 
individuals to obey and support some definite ruler with a high moral status equivalent to God. This 
theory adds moral character to state functions. Laws backed by religious sanctions appealed more to 
the primitive man to live under the authority of the king.
Hindus, Christians, Muslims, Jews, and many other faiths of this world hold a similar view, that the 
origin of political authority had divine sanction. Hinduism considered King Rama and King Krishna 
as divine incarnations on this world. The Islamic states also seek to uphold the reign of God (Allah) 
on earth. Christianity also traced the origin of political theory to the will of God.
Social Contract Theory
The Social Contract Theory traces the existence of the State to the mutual agreement and mutual 
consent of the people, to form a State. Thomas Hobbes and John Locke, both from England, and 
Jeans Jacques Rousseau from France, are the three political philosophers who propounded this theory. 
They assumed that, to escape from the pre-political condition of society, individuals entered into a 
social contract. These theories served as the basis for modern democracy. This theory established 
the obedience to political authority and that ultimate political authority rested with the consent of the 
people. The pre-political condition of mankind was described as the state of nature.
Thomas Hobbes (1588-1679), an 
English political philosopher, in his 
literary work Leviathan explains the 
origin of the state. He explains that 
prior to the emergence of a civil state, 
human beings were in the state of 
nature. Hobbes began his thesis with 
the concept of a state of nature,which 
he characterised as the pre-social 
phase of human nature. Their lives 
were under constant struggle with 
nature. The state of nature was a 
condition of unmitigated selfishness 
and capacity. It was a condition of 
perpetual war ‘where every man was enemy to every other man’. The life of a human being was 
‘solitary, poor, nasty, brutish and short’.
To evade the state of nature, and for securing their natural rights of life, liberty and property as civil 
rights, individuals entered into a social contract to establish a state. The people authorized their right 
of governing themselves to the sovereign, which came into being as a result of the contract. The 
person or assembly of persons to whom the rights were surrendered became the sovereign and the 
individuals who agreed to submit to the authority become subjects. Sovereign here meant the King. 
The ruler was not a party to the contract, and was not bound by any terms of social contract and 
free to rule as per his whims. The commands of the sovereign were laws for the governed and the 
sovereign was not accountable to people. People gave their ruler unquestioned obedience.
In the words of R.G Gettle, Hobbes created the all powerful sovereign on account of his belief that 
without such sovereign power, law, order, peace and security could not be maintained in society. 
https://www.politicalscienceview.com/the-theory-of-social-contract/