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 Aristotle 5040 persons 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 of and 1956 centre

constitution continued.

tradition

strong

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 system. The 1962 constitution was a demand for presidential

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.