PUBLIC TRUST

DOCTRINE
Introduction

■ The public trust doctrine is a legal principle that establishes the government’s
responsibility as a trustee to protect and manage certain natural resources for the benefit
of the public.
■ Rooted in common law and recognized in various legal systems worldwide, this
doctrine typically involves crucial resources like air, water, land, and wildlife. It asserts
that these resources are held in trust by the government, which must ensure their
sustainable use, prevent overexploitation, and safeguard them for current and future
generations.
■ The public trust doctrine plays a significant role in environmental law, guiding decisions
that balance economic development with the preservation of essential natural resources
History and origin of public trust
doctrine
Public trust Doctrine was propounded by the Roman Empire 1,500 years ago. Roman King
Justinian stated in a section that “the air, the water, and the sea are all common to the public
and is entitled to be used by anyone due to the law of nature”.
■ After the fall of the Roman empire in 1215, the Magna Carta codified Justinian words.
Thus in England, the King had ownership of the land but he had to take care of the
public trust. In the United Kingdom, it included two rights
1. Just Privatum which means ownership for private parties,
2. Just Publicum which means ownership held by the king as a trustee for the
public benefit.
■ In 1821, the Modern revival of Public trust doctrine took place in the USA in the case
of Arnold vs. Mundy and in the landmark case of Illinois Central Railroad v. Illinois,
where the court came up with a principle that the state cannot hand its trust of resources
to private ownership when the interest of the public is involved.
■ The public trust doctrine means to ensure that everyone gets equal access to all natural
resources without any discrimination in a manner being advantageous to all sections of
society.
Concept of public trust doctrine

■ Public Trust Doctrine is a principle which states that specific resources should be held in
trust by the state and taken care of for the common good of the public.
■ The doctrine makes the state a trustee of the public who should take care of the natural
resources – like navigable water, the land beneath the water, forests, seashore and air-
and preserve it for public use.
■ In the case of T.N. Godavarman v. Union Of India, the Supreme Court affirmed the
public trust doctrine, emphasizing the State’s role as a trustee for natural resources.It
stressed sustainable resource use, mandated Eco-Sensitive Zones for forest
protectionand depicted the State as a welfare-focused trustee beyond economic
development.
■ The judgment recognized the public trust doctrine's integral role in the Indian legal
system, guarding against natural resource privatization
State acting as a trustee
■ In the Public Trust Doctrine, the trustee is responsible for managing property for the
sole benefit of the beneficiary. Whether public or private property, trustees (government
or private owners) must ensure proper management, avoiding actions that lead to
environmental depletion and extinction of natural resources
Citizens are the beneficiaries
■ Under the public trust doctrine, citizens—both present and future generations—are the
beneficiaries, and the government, as trustee, is obligated to manage public property for
their comprehensive benefit, emphasizing intergenerational well-being.
Natural resources as assets or trust property
■ In the Public Trust Doctrine, the trustee holds public property on behalf of the
beneficiaries, encompassing natural resources like water, lakes, air, and forests. Public
property possesses both jus publicum (public’s right for activities like commerce,
fishing, etc.) and jus privatum (private owners’ right for possession and use). It is a
shared or unowned property belonging either to all citizens or to none.
Importance of public trust doctrine

1. It is a doctrine that guarantees the protection of natural resources. Article 21 of the

Constitution guarantees the right to life, which means the right to a clean and healthy
environment is also a fundamental right of the people of the State
2. It helps reduce the unnecessary exploitation of non-renewable resources by humans.
Article 51A states that it is also the duty of the citizens to see that the natural resources
are not overused, as they cannot be replaced by any means.
3. The State acts as a trustee for this doctrine and prevents the overuse of natural resources.
The State has passed various laws protecting and preserving the environment. Some
principles, like ‘precautionary principle’, ‘polluter pays principle’ and ‘sustainable
development principle’ were the most important among them.
4. It helps reduce environmental damage and the degradation of the atmosphere.
5. It helps in the proper and reasonable use of natural resources by the public. This public
trust doctrine also gives the public the right to question whether these natural resources are
maintained properly by the State
Public trust doctrine in India

■ The Public trust doctrine in India evolved through landmark judgements. The court stated that as we follow the
Common law system our constitution includes Public trust doctrine in its jurisprudence.
■ Article 21 can be considered as a root of the Public Trust Doctrine. The right to life is a fundamental right
guaranteed under Article 21 of the Indian Constitution. Right to life doesn’t only mean the right to live, but
consists of, the right to live with dignity, right to livelihood, right to a healthy environment, pollution free air,
clean water, etc.
■ Article 48A and 51A of the Constitution especially deal with the protection of the environment.
■ Article 48A makes it mandatory for the state to improve and protect the environment and makes it mandatory
for the state to preserve the forest and the country’s wildlife.
■ Article 51A deals with the fundamental duties of the citizens. Subsection (g) of Article
51A makes it a duty of the citizens to protect and improve the natural environment.
■ The Public Trust Doctrine has two purposes:
■ It makes it mandatory for the state to take effective control and management of the
natural resources; and
– It gives power to the citizens to raise questions against the ineffective management
of natural resources
■ Thus, any act against nature or is in favour of environmental degradation should be
strictly prohibited or controlled.
Landmark Judgments

1. M.C Mehta v. Kamalnath

■ In the landmark case of M.C. Mehta v. Kamalnath, commonly known as the SPAN
Motel case, the Supreme Court of India introduced the concept of the Public Trust
Doctrine to the country’s environmental legal framework.
■ The case revolved around a Public Interest Litigation challenging the construction of a
hotel by the SPAN Motel company near the mouth of the river Beas in Himachal
Pradesh.
■ The court asserted that the public trust mandates the state to use public property for
public purposes, emphasizing its duty to protect the environment, lakes, and public
heritage.
The decision highlighted the Earth’s natural resources as gifts of nature, stressing the state’s obligation as a
trustee to safeguard these resources from private ownership.
■ The court cited international legal perspectives and applied the polluter pay principle, directing the
company to compensate for environmental restoration, setting a precedent for environmental
accountability in India.
M.I. Builders Pvt. Ltd. V. Radhey Shyam Sahu
■ In this case the court covered the public trust doctrine under the right to life and stopped the construction
of the shopping complex in the place of a public garden stating the garden as a public resource.
■ The court observed that the park is a public place with historical importance and cited the public trust
doctrine and M.C. Mehta case as a precedent.
■ The court stated that allowing the construction would deprive the public of the quality of life as stated
under Article 21 of the constitution.
■ The court stated that the public trust doctrine is derived and evolved under Article 21 of the
Indian constitution and it is evoked in India to protect the fundamental rights of the people
Majra Singh v. Indian Oil Corporation (1998)
■ In this case a legal challenge was raised against the location of an LPG plant near Kartholi
village in Jammu District, citing potential health risks.
■ The respondent claimed adherence to pollution control measures. The Jammu and Kashmir
High Court, while acknowledging limited jurisdiction, emphasized the precautionary principle.
■ The case affirmed the public trust doctrine’s integration into Article 21 of the Constitution,
highlighting the state’s duty to protect lakes, forests, wildlife, and the environment.
Conclusion

■ The public trust doctrine stands as a vital principle in environmental jurisprudence,

playing a pivotal role in safeguarding natural resources for the collective benefit of
society. Its evolution in Indian legal frameworks, as demonstrated in landmark cases
like M.C. Mehta v. Kamalnath and Th. Majra Singh v. Indian Oil Corporation,
underscores its significance in upholding the fundamental right to a clean and healthy
environment.
■ The doctrine places the state in a trustee role, ensuring responsible management of
resources, preventing overexploitation, and fostering sustainable development. By
incorporating the public trust doctrine into constitutional principles, notably Article 21,
the Indian legal system emphasizes the duty of the state to protect lakes, forests,
wildlife, and the environment.