A state is a political entity characterized by four essential elements
- Population
- Territory
- Government,
- Sovereignty.
A state may comprise one or more nations (as did the Roman Empire and Austria-Hungary), and a nation may be represented in (or ruled by) one or more (usually contiguous) states, as in the early modern principalities of Germany.
Difference between Nation and State
A nation is a cultural, social, and linguistic community of people who share a common history, traditions, and beliefs. A nation is often defined by a shared sense of identity and culture, and it can exist within or across the boundaries of a state. For example, the Kurds are a nation without a state, as they do not have a country of their own.
A state, on the other hand, is a political entity that has sovereignty over a defined territory and population. A state can be an independent country with its own government, or it can be a part of a larger country, such as a state within the United States of America. A state has the power to make and enforce laws, levy taxes, and engage in international relations.
“State” in Indian Context
Article 12 of the Indian Constitution defines “State” for the purpose of application of Part-III (Fundamental Rights) which includes:
- Legislative and Executive Organs of the Union Government:
- Indian Government
- Indian Parliament – Lok Sabha, Rajya Sabha
- Legislative and Executive organs of the State Government
- State Governments
- State Legislature – Legislative Assembly, Legislative Council of State
- Local authorities
- Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats
- Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats
- District Boards
- Improvement Trusts, etc.
- Statutory Authorities
- National Human Rights Commission
- National Commission for Women
- National Law Commission
- National Green Tribunal
- National Consumer Disputes Redressal Commission
- Armed Forces Tribunal
- Non-Statutory Authorities
- Central Bureau of Investigation
- Central Vigilance Commission
- Lokpal and Lokayuktas
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.
Important Judgements
- Ujjain Bai v. State of Uttar Pradesh: It brought attention to the fact that to become a state a body should have a certain amount of governmental control over it in terms of authority, functionality, and economic dependency.
- R.D Shetty v. Airport Authority of India: Supreme Court laid down the criteria for a body to be considered as “State”
- If the entire share capital of the body is held by the government.
- The absolute control of such authorities lie with the government.
- Authorities which have an element of command or authority.
- The authorities discharging public service
- Rupa Ashok Hurra v. Ashok Hurra Case: SC reaffirmed that Fundamental Rights cannot be violated by any judicial proceedings and also that Superior Courts of Justice do not fall under the ambit of Article 12.
- Sanjaya Bahel v. Union of India & Others case: Delhi High Court, in May 2019, declared that UNO is not a ‘State’ defined under Article 12 of the Indian Constitution.
