Difference Between De Facto and De Jure

Introduction

De jure and de facto are closely linked ideas. Laws do not formally recognize de facto activities, but de facto defines how laws and governance work.

On the other hand, the Latin term De Jure signifies legal, valid, formally approved, or compliant with the law. From the exam's perspective, the difference between De Facto and De Jure is crucial since they indicate the status of the positions that certain significant stakeholders in a government possess.

One of the most crucial subjects for the UPSC IAS Exam is de facto vs. de jure. In this post, we will discuss the history of the terms, their definitions, and the distinctions between de facto and de jure. Those preparing for the UPSC Prelims Exam would find this extremely helpful.

De Facto

"De Facto" refers to practices or positions that exist within statutes, rules, or government, even if Indian regulations do not officially recognize them. Despite the absence of formal recognition, these norms are widely accepted and firmly established. The industry as a whole embraces these practices and acknowledges their factual basis. The attainment of "De Facto" status by a State is solely determined by factual circumstances and is not dependent on legal procedures. Once established, "De Facto" status is not easily revoked.

For instance, in an Indian democracy, the prime minister or chief minister serves as the de facto leader of a country or state due to their genuine authority to make decisions based on relevant facts. This authority is derived from the provisions listed in the Indian Constitution. The term "de facto government" can also be used to describe a government that has been established through the use of force or power.

Recognition

• In certain situations, a legitimate government may lose control over the State and seek refuge abroad while a new government takes charge on the ground. This is known as a De facto government.
• When a state maintains regular diplomatic relations with a new government, it signifies that the new government is effective but not necessarily legitimate.
• According to one doctrine, a government that comes to power through a coup d'état or revolution should only be considered legitimate after receiving democratic confirmation.

De Jure

"De jure" pertains to processes recognized by the State as legal, irrespective of whether they are actually implemented. It remains valid even if the process is not currently operational. Upon attaining the "De jure" status, a government is empowered to recover state-owned assets and public debts. Additionally, "De jure" standards embody guidelines that comply with regulations. These standards are endorsed by an official norms organization, which validates each standard by means of its established policies and offers ongoing assistance.

De jure, a Latin expression, denotes something lawful, legitimate, or in accordance with the law. It can pertain to a custom, concept, or political stance that is legally endorsed and formally acknowledged by the state yet often lacks actual existence. Nevertheless, once granted, this endorsement or recognition is irrevocable.

For instance, In the Indian democratic system, the President or governor holds the position of a symbolic head of state, lacking the authority to make decisions. The actual decision-making power lies with the Prime Minister or Governor, who acts on behalf of the President or Governor. This form of governance is commonly referred to as the de jure government.

Recognition

• The legitimate government loses all its power when a regime changes through revolt or revolution.
• The former government may still be recognized as the legitimate government, even if it has temporarily lost control of the State.
• Regime change can occur through the normal constitutional process or a coup d'état.

De Facto vs De Jure

Conclusion

The term "de facto" refers to a recognition that is grounded in "facts," whereas "de jure" refers to a recognition that is solely grounded in "law. " De jure is permanent, but de facto is transient.