CLAT Sample Paper UG-CLAT Mock Test-1 (2020)

  • question_answer
    State is a political organisation and there is no definite historical evidence regarding its formation. It also has no one exact definition. It has been given varied meanings and explanation by various scholars over a period of time. Most of the’ definitions of State are based on four ingredients that are considered as essential for a society to be considered as a State.
    These four ingredients are: 1) population; 2) territory; 3) government; and 4) sovereignty. In simple terms, the State can be defined as “"an assemblage of human beings occupying a definite territory of denned boundaries under an organised government, subject to no external invasion and established by the sanction of the governed and recognized internationally”."
    Various political philosophers have defined State differently. Some important definitions of State are as under:
    Aristotle (384-322 BCE): “"A union of families and villages and having for its ends a perfect and self-sufficing life by which we mean a happy and honorable life.”"
    Hugo Grotius (1583-1645): “"A complete union of free men, who join themselves together for the purpose of enjoying law and for the sake of public welfare.”"
    Bluntschli (1808-1881): “"A politically organized people of a definite territory.”"
    John William Burgess (1844-1931): "“Particular portion of mankind viewed as an organized unit.”"
    Woodrow Wilson (1856-1924): “"A people organized for law within a definite territory.”"
    In modern times it is Harold Laski’'s definition that is considered as most influential. Harold Laski (1893-1950) was a British philosopher. He defined State as: “"A territorial society divided into government and subjects claiming within its allotted physical area, a supremacy over all other institutions.”"
    Hans Kelsen'’s explanation of State is very different from other scholars. In Hans Kelsen’'s opinion to have law and to have a State is the same. He explains law as a normative structure. When a society has a normative structure of law, it is State. The important feature of this theory is that in this theory, law and State emerge simultaneously. One does not create the other..
    Though, there is no clear evidence available on how the State originated, there are varied theories on the origin of the State given by political philosophers. These theories attach importance to different social and other circumstances that gave birth to the State and hence they differ with each other.
    According to the author, which of the following statements is correct?

    A) State formed as a result of a law

    B) State formed as result of a contract

    C) There is no evidence regarding formation of state

    D) There is a definite evidence regarding the formation of state

    Correct Answer: C

    Solution :

    Rationale: (c) The first line of the passage clearly states about state formation: “State is a political organisation and there is no definite historical evidence regarding its formation.”

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