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De Facto Doctrine

Constitutional & Public Law Doctrines

Definition

A public law principle holding that official acts performed by a judge, civil servant, or constitutional authority who holds office under a defective, irregular, or later-invalidated appointment remain valid and binding regarding the public and third parties.

Example

In Gokaraju Rangaraju v. State of Andhra Pradesh, the Supreme Court held that judgments pronounced by Sessions Judges whose appointments were subsequently quashed as unconstitutional remained legally valid and could not be challenged on that ground.