de facto
Meaning. In fact; existing in reality, whether or not it is lawful or legally recognised.
De facto describes a state of affairs as it actually is. It is usually contrasted with de jure, what is so by law or by right. A de facto government is one that actually controls territory; a de facto guardian is a person who, without legal appointment, looks after a minor and the minor's property.
The de facto doctrine protects the public: acts done by a person who holds an office under colour of a lawful title remain valid even if the appointment is later found defective. In Gokaraju Rangaraju the Supreme Court applied it to judgments delivered by a Sessions Judge whose appointment was later set aside.
Example
The judgments were not void, because the judge was a de facto judge acting under colour of a lawful appointment.
In Indian law
See also
Read more in the study notes
- The rule against bias (Administrative Law)
- Audi alteram partem: the right to a fair hearing (Administrative Law)
- Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
- Arbitrators: qualities, appointment, challenge and substitution (Alternative Dispute Resolution Systems)
- Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
- Irregular proceedings (Bharatiya Nagarik Suraksha Sanhita)