De jure – By law
Meaning:
De jure is a Latin term that means “by law” or “according to law.”
It is used to describe situations, rights, or conditions that exist legally, whether or not they exist in practice.
In simpler words:
Something that is de jure is recognized and enforced by law, even if, in reality, it may not be implemented or followed.
Key Points:
Legal existence: De jure refers to the legal status granted by law.
Different from de facto: De facto means something that exists in practice, regardless of whether it is legally recognized.
Commonly used in: Civil rights law, property law, constitutional law, and governance.
Examples:
Government Example:
A country may have a de jure government recognized by law or constitution, even if a de facto government is exercising power in practice.
Property Law:
A person may be a de jure owner of land because the law recognizes the title, even if someone else is occupying it physically (de facto possession).
Civil Rights:
Laws may grant equal rights to all citizens (de jure equality), but in practice, social or economic barriers may prevent full equality (de facto inequality).
Case Law Example (India):
1. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
Facts: This case dealt with the fundamental rights of citizens and the power of Parliament to amend the Constitution.
Held: The Supreme Court emphasized that certain rights and structures exist de jure, meaning they are protected by law, even if there are challenges in enforcing them fully in practice.
Principle: The law (de jure) guarantees certain rights and authorities, regardless of whether the real-world implementation (de facto) aligns perfectly.
2. State of Uttar Pradesh v. Rajesh Gautam (1994 AIR 1717)
Facts: A dispute regarding property ownership and possession.
Held: The court distinguished between de jure ownership (legal title) and de facto possession (actual control). Legal title (de jure) is recognized by law even if physical control is with another person.
Key Takeaways:
De jure = legally recognized, de facto = in reality.
Ensures the legal system acknowledges rights and authority, even if enforcement is imperfect.
Frequently used in discussions of government, property, and civil rights.
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