The Montevideo Convention on the Rights and Duties of State states that ‘the state as a person of international law should possess the following qualifications: a ) a permanent population; b ) a defined territory; c ) government; and d) capacity to enter into relations with the other states’ in order to be recognised as a State by fellow nations. Recognition, however has several definitions attached to it by the virtue of it being an action often aligned with acceptance. The most adequate theory in practice in this regard is the declaratory theory which works in tandem with the Montevideo Convention- ‘that a State will be formed free from the consents of the other States, just after she meet the international requirements.’

Adding Democracy to the list entails it to be a dictated norm, a further constraint to an existing one of ‘government’, encroaching upon the choice of its functionality and thus takes away the sovereignty from the state. It sets a standard for merit-based recognition on an international front, freeing it from the existing geopolitical dynamics. The criterion can be accepted on the basis of alternative theories of recognition like the implied, collective or conditional recognition. Democracy cannot be cited as the most favourable form of governance universally. Movement towards a democratic form of governance has been a process involving proportionally large sections of population demanding decision making power. By making democracy a necessary constituent, the law will forcibly aim towards restructuring the political framework existent in a country which has has been newly formed, thereby asking it to dilute the same and reform until statehood status is granted. This process can create a severe time lag, especially in a society where a democratic framework is unheard of, before it can move towards progress.

The argument also assume that because a democratic framework has worked for the largest countries existing it is the best from of governance for all, which is a fallacy. Political structure are known to been formed from cultural influences (take the Indian Constitution for example) and have been formulated over time, assimilating various economics, political and socio-cultural changes a state has undergone. Nullify them on the basis of popular opinion would deter the sustainability of such a structure.

In conclusion, democracy has been a derivative of an existing political structure. But warping the process, the nation will have to stay in a state of limbo until statehood is grated.