Legal Explainer: The Doctrine of Public Trust in Indian Law

 Legal Explainer: The Doctrine of Public Trust in Indian Law

The Doctrine of Public Trust is a legal principle that holds that certain natural resources like air, water, forests, and public lands are held in trust by the government for the benefit of the public. It prevents the government from transferring these resources for private ownership if it harms public interest.

Key Features of the Doctrine:

1. Government as a Trustee:
   • The state holds natural resources in a fiduciary capacity for public use and cannot arbitrarily privatize or exploit them.
2. Protection of Environmental Rights:
   • Ensures that natural resources remain accessible for public use and environmental sustainability.
3. Prevention of Arbitrary Transfers:
   • The government must justify any transfer of public resources and ensure it does not compromise the larger public good.

Application in Indian Law:

• Recognized under Article 21 (Right to Life) and Article 48A (Environmental Protection) of the Indian Constitution.
• Applied in cases concerning land use, forests, rivers, and environmental conservation.

Landmark Judgments:

• M.C. Mehta v. Kamal Nath (1997): The Supreme Court held that the government cannot lease ecologically sensitive land for commercial purposes, as it violates the Public Trust Doctrine.
• Fomento Resorts & Hotels Ltd. v. Minguel Martins (2009): The Court reaffirmed that the state cannot abdicate its duty to protect natural resources for private gain.

Significance:

• Protects environmental and public rights against commercial exploitation.
• Prevents corruption and mismanagement in natural resource allocation.
• Strengthens judicial oversight in environmental governance.

The Doctrine of Public Trust plays a crucial role in ensuring sustainable development and environmental justice, reinforcing the government’s responsibility as the guardian of natural resources for future generations.