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

1. Patriarchal Theory

The Patriarchal Theory posits that the state originated from the family unit, with the eldest male as the authority figure. Sir Henry Maine supported this view, suggesting that the state evolved from familial structures where the male head exercised absolute power. As families expanded through polygamy, they formed larger social units, ultimately leading to the establishment of tribes and states.

2. Developmental States

Developmental States are characterized by strong government intervention in the economy to promote industrialization and economic growth. These states prioritize national development through strategic planning and investment in key sectors. Examples include South Korea and Taiwan, where the government played a crucial role in guiding economic transformation and fostering competitive industries.

3. Social Contract Theory

Social Contract Theory suggests that individuals consent, either explicitly or implicitly, to form a society and accept certain obligations in exchange for protection and social order. Thinkers like Hobbes, Locke, and Rousseau contributed to this theory, each proposing different views on the nature of the contract and the rights of individuals versus the authority of the state.

4. Totalitarian States

Totalitarian States are political systems where the government seeks to control all aspects of public and private life. These regimes often employ propaganda, censorship, and state surveillance to maintain power. Examples include North Korea and Nazi Germany, where dissent is suppressed, and the ruling party exerts total control over society.

5. Article 12 of the Constitution of India

Article 12 of the Indian Constitution defines the term "State" to include the government and parliament of India, as well as the government of each state and local authorities. This broad definition ensures that various entities exercising power are accountable under the fundamental rights provisions, promoting the protection of individual rights against state actions.

Q-2 Write one point of difference between the following-

1. Internal and External Sovereignty

2. Matriarchal and Patriarchal theory of State

3. Minimal and Collectivised State

4. Social Contract theory by Hobbes and Locke

5. State and Government

1. Internal and External Sovereignty: Internal sovereignty refers to the supreme authority of the state over its territory and population, while external sovereignty pertains to the state's recognition and independence from external control by other states.

2. Matriarchal and Patriarchal theory of State: Matriarchal theory emphasizes the role of women in governance and social organization, whereas patriarchal theory prioritizes male authority and leadership in the structure of the state.

3. Minimal and Collectivised State: A minimal state focuses on limited government intervention and individual freedoms, while a collectivised state emphasizes extensive government control and collective ownership of resources.

4. Social Contract theory by Hobbes and Locke: Hobbes' social contract theory suggests that individuals surrender their rights to a strong authority for security, while Locke's theory advocates for the protection of individual rights and government accountability to the governed.

5. State and Government: The state is a permanent political entity with defined territory and sovereignty, while government refers to the temporary organization or group of individuals that administers the state and implements its laws.

Q-3 Answer the following questions briefly-

1. List down the various theories on the origin of State.

2. Briefly explain the elements of a State.

3. What are the various states on the basis of its role?

1. List down the various theories on the origin of State.

• Theory of Kinship
• Patriarchal Theory
• Matriarchal Theory
• Social Contract Theory
• Divine Right Theory
• Force Theory
• Developmental Theory

2. Briefly explain the elements of a State.

The elements of a State include:

• Population: A group of people residing within a defined territory.
• Territory: A defined geographical area under the jurisdiction of the State.
• Government: An organized system that exercises authority and enforces laws.
• Sovereignty: The ultimate authority of the State to govern itself without external interference.

3. What are the various states on the basis of its role?

• Welfare State: Focuses on the well-being of its citizens.
• Minimal State: Limited intervention in personal and economic matters.
• Totalitarian State: Centralized control over all aspects of life.
• Developmental State: Actively promotes economic development and growth.

Q-4 Answer the following questions in about 200 words

1. Explain the comparative views on social contract theory.

2. Define State.

3. Explain the emergence of State.

Q-5 Hobbes stated 'Man is born free, everywhere he is in chains'. In light of this statement, in which type of state would a man be chained the most and why? Give an example of such a State. If given a choice of residence, in which type of state would you like to reside? Give reasons. 

Introduction: Hobbes' statement reflects the paradox of human freedom and societal constraints. In certain states, individuals experience profound limitations on their freedom.

• Type of State: A totalitarian state would chain a man the most. In such regimes, the government exerts extreme control over personal freedoms, thoughts, and actions.
• Reason: Totalitarian states suppress dissent, regulate all aspects of life, and often employ surveillance and propaganda to maintain power.
• Example: North Korea exemplifies a totalitarian state where citizens face severe restrictions on freedom, expression, and movement.
• Preferred State: Given a choice, one might prefer to reside in a liberal democracy.
• Reasons: Liberal democracies promote individual rights, freedom of expression, and participation in governance, allowing citizens to live without oppressive constraints.

In conclusion, while Hobbes highlights the chains of society, the choice of residence in a liberal democracy offers the potential for true freedom and personal development.

Q-6 Patria, a locatable place on the world map, having a considerable territory under its control, consisted of a population of 1 million people. It was ruled by Col. George, however, the place did not gain any international political recognition as one of the major elements was missing. Identify and explain all the elements of state.

Introduction:\

Patria, despite its considerable territory and population of 1 million, lacked international recognition due to missing key elements of a state.

Elements of State:

• Population: A state must have people residing within its territory. Patria's population meets this criterion.
• Territory: A defined geographical area is essential. Patria possesses a considerable territory, fulfilling this requirement.
• Government: A governing body is crucial for maintaining order and implementing laws. Col. George's rule indicates a form of governance, but its effectiveness is questionable.
• Sovereignty: The ability to govern itself without external interference is vital. Patria's lack of international recognition suggests it lacks true sovereignty.

In summary, while Patria has a population and territory, the absence of recognized sovereignty and effective governance prevents it from being classified as a legitimate state.

Q-7 How has the concept of state been defined in the Constitution of India? Why do you think it has

been included in Part III of the Constitution?
The concept of the state in the Constitution of India is defined in Article 12. This article clarifies that the term 'State' encompasses:

• The Government and Parliament of India (Union level).
• The Government and Legislature of each State (State level).
• All local authorities within Indian territory.
• Authorities under the control of the Government of India.

This definition is crucial as it establishes the framework for the application of Fundamental Rights in Part III of the Constitution. The inclusion of the state in this part signifies the importance of protecting individual rights against state actions.

Furthermore, it ensures accountability of the state towards its citizens, reinforcing the democratic principles of governance. For example, if a local authority violates a citizen's right, that individual can seek redress under the provisions of Fundamental Rights, holding the state accountable.

In summary, the definition of 'State' in Article 12 is essential for safeguarding citizens' rights and ensuring that the state operates within the bounds of law, thereby promoting justice and equality in society.

Q-8 How would you differentiate between India as a state and the various states of India?
India as a state and the various states of India can be differentiated in several key ways:

• Definition: India as a state refers to the entire nation, encompassing its sovereignty, territory, and population. In contrast, the various states of India are individual administrative units within this larger framework.
• Governance: The central government of India exercises authority over national matters, while each state has its own government responsible for local issues, such as education and health.
• Constitutional Framework: India, as a state, is defined by the Constitution of India, which outlines the rights and responsibilities of the central and state governments. Each state operates under its own set of laws, aligned with the national constitution.
• Examples: For instance, Maharashtra and Tamil Nadu are states within India, each with distinct cultures, languages, and governance structures, yet they all contribute to the identity of India as a unified state.
• Unity in Diversity: While India as a state represents a collective identity, the various states showcase the diversity of languages, traditions, and practices that enrich the nation.

Q-9 Imagine yourself living in a state of nature. Which aspects of your life would you want to give

up and what would you expect in return? What kind of social contract would you enter into and

with whom?

 In a state of nature, an individual would consider the following aspects:

• Give Up: Personal security and absolute freedom, as survival would be a constant struggle.
• Expect in Return: Protection of life, property, and the establishment of social order.
• Social Contract: An agreement with fellow individuals to form a community where rights are respected.
• Participants: The social contract would ideally involve all members of the community, ensuring mutual cooperation.
• Example: Just as Hobbes suggested, individuals would surrender certain freedoms to a governing body for collective security.

Conclusion: By entering into this social contract, individuals would trade some freedoms for the safety and stability provided by a structured society, thereby moving away from the chaos of the state of nature.