Law Answer Writing Practice 2018 - Week 7 - Question 5

90 Days Law Answer Writing Practice Question 1 for 28-Dec-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

28-Dec-2018 - Question 1

Differentiate between – De facto and De jure recognition. 2015 (10 Marks)

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Model Answer

Recognition of a state is the act by which another state acknowledges that the political entity recognized possesses the attributes of statehood.
De-facto recognition.

It is a recognition where a state has not acquired sufficient stability. It is provisional (temporary or conditional) recognition. It is not legal recognition. Three conditions for giving de-facto recognition are –

• permanence
• the state commands popular support
• the state satisfies international obligations.

De-facto recognition of a state is the first step towards de-jure recognition. Normally the existing states extend de-facto recognition to the new states. It is after a long lapse of time when they find that there is stability in it that de-jure recognition is granted.
The essential feature of de-facto recognition is that it is provisional and liable to be withdrawn.

De-Jure Recognition.
It is legal recognition. It means that the government recognized formally fulfills all the requirement laid down. De-jure recognition is complete and full and normal relations can be maintained with the country given recognition.
Once there is de-jure recognition, it can’t be withdrawn.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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