De facto refers to the actual state of affairs or the practical reality. This is regardless of its legal recognition or legitimacy. It signifies the factual or effective existence of something, even if it may not have the formal or official endorsement. On the other hand, de jure pertains to the legal or rightful state of affairs, indicating the status or condition as recognized by law. It signifies the adherence to legal principles, rights, or authorities. In summary, de facto focuses on the actual situation or practice, while de jure emphasizes the legal or rightful framework.

The Difference between De Facto and De Jure UPSC is one of the most important topics for the UPSC IAS Examination.

In this article on the difference between de facto and de jure, we shall discuss the origin of the terms, their meanings, and the differences between them. This will be very useful for aspirants in the UPSC Prelims Exam.

Also, study the Censorship Laws in India from the linked article.

Difference between De facto and De jure

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What is De Facto?

"De Facto" refers to practices or positions within statutes, rules, or government, even if not officially acknowledged by Indian regulations. Despite lacking formal recognition, these norms are present and established. The industry broadly embraces these practices and is widely recognized for their factual basis. A State's attainment of "De Facto" status is determined solely by factual circumstances and is independent of legal procedures. Once established, "De Facto" status is not easily revocable.

For instance, a prime minister or chief minister is the de facto leader of a country or state in an Indian democracy since they have the genuine authority to make decisions based on relevant facts. The provisions listed in the Indian Constitution. The term "de facto government" can also apply to a government established using force or power.

Study the Notes on Fundamental Rights here.

What is De Jure?

"De Jure" refers to procedures the State acknowledges as lawful, regardless of their actual existence. This stands true even if the procedure is not practically in place. When a government achieves the "De Jure" status, it gains the authority to reclaim state assets and public debts. Furthermore, "De Jure" norms represent standards aligned with regulations. An official norms organization endorses these norms, lending legitimacy to each standard through its established policies and providing active support.

De jure is a Latin phrase indicating something legitimate, legal, or compliant with the law. De-jure can refer to a practice, idea or political position legally sanctioned by the law and officially recognised by the state but is typically absent from reality. However, such approval or recognition is final and cannot be revoked. 

For instance, in Indian democracy, the President/Governor serves as the de facto head of state despite lacking the authority to make choices based on the truth. According to Indian law and the constitution, the Prime Minister or Governor is the actual decision-maker and only acts in the President's or Governor's name. The government established by the law is called the de jure government.

Difference between De Facto and De Jure UPSC Polity: Download PDF Here!

Study the NCERT Notes on Schedules of the Indian Constitution here.

We hope that all your doubts regarding the De facto vs De jure will be cleared after going through this article. You can check out our UPSC Online Coaching and download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.

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