Public Trust Doctrine

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Public Trust Doctrine-

Tanmoy Mukherjee

Advocate

The Public Trust Doctrine is a fundamental Principle of environmental Jurisprudence which holds that certain natural resources are held by the State in Trust for the benefit of the public, and the States cannot transfer private or misuse these resources for commercial exploitation.

-The Public Trust Doctrine means that certain natural resources are so important that they must be preserved for public use, and the State holds them in trust for the people.

-The Doctrine is based on the idea that natural resources like Air, Water, Sea, Rivers, forests, and wildlife are meant for public use and enjoyment. The Govt. is merely a trust, not the owner.

Origin of the Doctrine-

Public Trust Doctrine in India-

The Doctrine is now a part of the Indian Constitutional and environmental law.

Reference Cases-

Scope of Public trust doctrine-

Duties of a State under Public trust Doctrine-

→Maintenance of Ecological balance

→Prevention of Monopolization

→Protection of Natural Resources

→Sustainable use

→Intergenerational Equity.