Public Trust Doctrine: Protecting Natural Resources for All
Author: Chandan Sha
Introduction
The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations.
This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest.
Origin of the Doctrine
The doctrine started in Roman law, where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India.
In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s.
Essential Features of the Doctrine
- Trusteeship Role of the State – The State is not the absolute owner of natural resources but a trustee responsible for managing them in the best interest of the people.
- Inalienability of Natural Resources – Public resources cannot be transferred or privatized for commercial exploitation at the cost of public interest.
- Intergenerational Equity – The doctrine emphasizes sustainability and the duty to preserve resources for future generations.
- Enforceability through Judiciary – Courts play a vital role in enforcing the doctrine against arbitrary State actions.
Importance of Public trust doctrine
1. Prevent arbitrary allocation of public resources
2. Imposed fiduciary duty upon State
3. Protect common resources
Constitutional Basis
Although the doctrine of public trust is not explicitly mentioned in the Indian Constitution, it finds implicit support in:
- Article 21: Right to life, expanded to include the right to a clean and healthy environment.
- Article 48A: Directive Principle directing the State to protect and improve the environment.
- Article 51A(g): Fundamental duty of every citizen to protect and improve the natural environment.
Statutory Support
Indian legislations like the Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Forest Conservation Act, 1980, and the Wildlife Protection Act, 1972 reinforce the principles underlying the public trust doctrine. These laws mandate State responsibility in conserving resources and preventing their misuse.
Landmark Case
M.C. Mehta v. Kamal Nath (1997) 1 SCC 388
Facts of the Case:
In this case, a private company had been allowed to construct a hotel on the banks of the Beas River in Himachal Pradesh. The company changed the natural course of the river to protect the hotel from floods, which damaged the river ecosystem. A renowned environmentalist, M.C. Mehta, filed a Public Interest Litigation (PIL) before the Supreme Court.
Supreme Court Judgment:
The Court held that the government had violated its duty as a trustee of natural resources by allowing a private party to tamper with the river. It ruled that:
“The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. The State is under a legal duty to protect them.”
The Court applied the Public Trust Doctrine and said the environment cannot be privatized.
Other Notable Cases
1. Fomento Resorts & Hotels Ltd. v. Minguel Martins (2009) 3 SCC 571
The Court held that beaches and coastal areas are public trust property, and they must be kept open for public access.
2. Centre for Environmental Law v. Union of India (2013) 8 SCC 234
The Court applied the doctrine to protect forest areas and declared that wildlife and forests are national assets that must be protected by the government.
Conclusion
The Public Trust Doctrine is a powerful legal tool that prevents governments from selling or destroying natural resources for short-term gains. It reminds us that the environment belongs to everyone—not just today’s people, but future generations too.
Courts in India have played a major role in applying this doctrine to protect rivers, forests, coastlines, and wildlife. As responsible citizens and future lawyers, it is our duty to uphold this doctrine and ensure justice for nature and people.
References
- M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388.
- Fomento Resorts & Hotels Ltd. v. Minguel Martins, (2009) 3 SCC 571.
- Centre for Environmental Law v. Union of India, (2013) 8 SCC 234.
Tags: Environment Law, Constitutional Law, Landmark Cases, Public Trust Doctrine
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By Chandan Sha
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