CONCEPT OF STATE

MEANING OF WORD STATE

• Greeks called it polis, it is politically

organised city – community or city

state.
 DEFINITION

• The state is a community of the people,

occupying a definite territory organized
under government which is supreme of
all persons and associations within its
territory and independent of all foreign
control or power.
 ELEMENTS OF STATE

• State is composed of four elements or

attributes, which are following:-
– Population
– Land or territory
– Government
– Sovereignty
 POPULATION
• The population of a state consist of three kinds
of inhabitants:-
– Full members of a state called the citizens
who enjoy all rights and perform every duty
toward their state
– subject or national of the state who enjoy
some rights
real elements of the population of the state
– non members called ‘alien, who are given
only civil rights of life and property.
 POPULATION OF A STATE
 Plato 5040 persons
 Aristotle 10,000 to 100000
 Rousseau's city state 10000
 General principle is that it should be large enough to
be self sufficient and small enough to be well
governed.
 The population should be so much as would be
sufficient to perform all needs of culture, arts,
learning, industry agriculture, defence and civilised life.
 TERRITORY

• The people must live on a definite

portion of territory of an appropriate
size. Modern tendency is towards
economic self sufficiency which is
possible in large size state.
 GOVERNMENT
• Government is the machinery or agency through
which the will of the state is formulated and
expressed the state plans and acts through the
government, it is the government that administer the
state, keeps law and order formulate the policy of
the state and organizes the people dwelling within
its territory. if the people are the limbs and the
territory the body, the government is the head of the
state.
CONSTITUTIONAL ISSUES
 DEFINITION

• Constitution is a set of basic principles

and frame work for governance and
exercise of political powers and legal
authority. it clarify the scope of power,
relationship among various institutions
within the government and society
 MAJOR ISSUES
• The major issues, the first constituent
assembly faced were as following:
– Federalism
– Representation
– Separate or joint electorate
– The national language issue
– Parliamentary or presidential system
– The Islamic or secular state
 FEDERALISM

• Pakistan consisted of two territorial

parts:

– East Pakistan: with more population and

less territory but one unit

– West Pakistan: administratively 4 units

 DIVISION OF POWER

• British tradition strong centre provinces

demanding autonomy and provincial rights

• In the interim constitution and 1956

constitution tradition of strong centre

continued.
 REPRESENTION
• Both parts different in population and size.
• Diversity in western part of Pakistan
• Provinces in west Pakistan different in population and size.
• Basic principal committee 12 mar 49 to frame set of basic
principles
• 1st report 28 sep 1950 as
– 2 Houses of parliament lower houses to be elected on
the basis of population.
– Upper house to be elected on the basis of equal
representation for all provinces.
– No mention of national language.
 MUHAMMAD ALI BOGRA
FORMULA
• Bicameral legislature
• Upper house equal representation of all
5 provinces
• Lower house representation on basis
of population
• Both wings have equal strength in joint
session.
• One unit was established in 14 Oct 55
 SEPARATE OR JOINT
ELECTORATE
• Separate electorate adopted in 1909
• Minorities favoured it after
independence.
• East for joint electorate west for
separate electorate.
• 1957 Joint electorate was adopted by
N.A.
 THE NATIONAL LANGUAGE

• Pre-independent Muslim elite adopted

Urdu language.

• Quaid-e-Azam declared that Urdu will

be language in Pakistan.

• Two language formula was adopted.

 PARLIMENTORY OR
PRESIDENTIAL SYSTEM
• Consensus for parliamentary system.

• Limited demand for presidential

system.

• The 1962 constitution was a

presidential constitution.
 THE ISLAMIC STATE

• The broad agreement that the state will

identify itself with Islam.

• C.A. took time to define the precise

relationship between the state and

Islam.