Public Trust doctrine
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In a landmark judgment by the Supreme Court in October 2025, expanded the scope of Public Trust doctrine to include man-made or artificially created waterbodies in addition to natural ones like rivers, lakes, and wetlands. '
About
- The doctrine establishes that certain natural resources like air, water, forests, and shorelines are held in trust by the State for public use and benefit.
- The State acts as a trustee responsible for protecting and preserving these resources for present and future generations, not for private gain.
- Citizens are the beneficiaries who have equitable rights to access and use these natural resources sustainably.
- Non-renewable resources must be used reasonably to prevent depletion and environmental harm.
- The doctrine restricts the government from selling, misusing, or allowing private ownership of these public trust resources.
- Originating from Roman law and rooted in common law jurisprudence, it has been incorporated into Indian legal framework through court judgments.
- Article 48A, Article 21, and Article 39 of the Indian Constitution support the principles underlying this doctrine.
- The doctrine empowers courts to hold the State accountable for environmental protection and sustainable resource management.
- Legal cases in India such as M.C. Mehta vs Kamalnath have emphasized this doctrine to curb unauthorized resource exploitation.
The doctrine promotes environmental justice, ensuring natural resources remain accessible to all and safeguarded against degradation.
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