COMPARATIVE ANALYSIS OF THE EVOLUTION OF THE PUBLIC TRUST DOCTRINE

Author – Chetan R, Student at National Law School of India University, Bangalore.

Best Citation – Chetan R, COMPARATIVE ANALYSIS OF THE EVOLUTION OF THE PUBLIC TRUST DOCTRINE, INTERNATIONAL ENVIRONMENTAL LEGAL RESEARCH JOURNAL, 1 (1) of 2023, Pg. 42, ISBN (P) – 978-81-960702-1-2.

Abstract

The public trust doctrine entrusts the state with the responsibility to act as a trustee of natural and man-made resources on behalf of the public. The state will look after these resources, without having any claims of ownership over the resources. This millennium old doctrine had evolved throughout the years, from the Roman law, English Law, American law and finally to the Indian law. Unlike its American counterpart, India expanded the scope of this doctrine to be applicable to more than just water resources. The Indian Supreme Court has included forests, soil, oil resources, spectrum, etc., to all be protected by the state as a part of the Public Trust Doctrine. One of the main advantages of this doctrine in Indian jurisprudence is its natural law construction, due to which no legislation will be able to remove or even constrain this doctrine beyond what the judiciary has laid down. Although this doctrine has been applied in every sectors of natural resources, water resources remains of one the strongest importers of this doctrine., which can particularly be seen in the case of Hindustan Coca-Cola Beverages v. Perumatty Grama Panchayat. Within the water sector, along with the judiciary’s active involvement, the legislature has also gone about legislating on the topic of Public Trust Doctrine in the form of the Draft National Water Framework Laws, which evidences how integral this doctrine is for the Indian Environmental jurisprudence.