Overview

The Public trust doctrine in India developed through landmark observations. The court stressed that as we understand common law practice, our constitution maintains the principle of public trust in its constitution. The court has carefully considered the procedural and tangible benefits and applied this principle to protect the environment. The court also pointed to several articles of the Indian Constitution such as Article 48A & Article 21. Moreover, It linked the right to a clean environment that supports the right to life. As India does not have special environmental advantages the supreme court went additional and featured on Public Trust Doctrine.

 

Situations

There are many such situations like - 

  1. Supreme Court Of India announces unapproved mining that causes harm to the environment of that region as unconstitutional. As it violates Article 21 of the Indian constitution. The court asserted that a good environment is essential for preserving and safeguarding the benefits of the bodies.
  2. The high court of Kerala continued that the government cannot violate Article 21 when a government operation prompted injury to a freshwater reservoir. 
  3. In the Bhopal disaster case, the court joined the right to life and a clean atmosphere. The public trust doctrine in India restrains the government and the individual estate rights in India. After delivering reviews and different versions it is not obvious how the government requested public trust doctrine. It is not clear whether the Public trust doctrine was a member of Indian Jurisprudence or it is held now. 

Limitations

The Public Trust Doctrine Imposes three types of limitations on the government:

 

  1. Some devices may not be employed by the public but they should be collected by the government for the people.

  

  1. These stocks are the provision of nature and they cannot be marketed by the state.

  

  1. The assets must be managed and its arrangement should not start to individual use. There are several boundaries and No person should be permitted to intersect these boundaries.

Importance

  • The Public Trust Doctrine is an excellent method to guarantee the protection of the environment.
  • It reduces the superintendence of the state and guarantees good administration of fundamental support.
  • It is a tool to approach the developing degeneration of the atmosphere.
  • The public trust doctrine is an adequate statutory structure to resolve the environmental struggles for which India does not have decent laws and legislations.
  • By entreating the Public trust doctrine, we can improve the security of the earth and its support.

Legal Team

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