The Doctrine of Public Trust: An Overview

Profile of the Author - Anjali Chaudhary is a fifth-year law student from Alliance School of law, Bangalore.

INTRODUCTION

Public Trust Doctrine is the principle by which the sovereign possesses the power to allow the general public to use natural resources such as the earth, air, land, flora, and fauna, and water. This principle holds the belief that these resources are of substantial significance and these should not be made a subject to private ownership. It is the responsibility of the government to ensure that these resources are protected and not only available for exploitation while public use. According to this doctrine, the state is considered to be the trustee of natural resources. [1]

HISTORY AND PURPOSE OF INCEPTION OF THIS DOCTRINE

The doctrine of Public Trust dates back to the Roman Empire. It was opined by the king of Rome ‘Justinian’ that the resources like water, air, land, flora, and fauna should be subject to public use and there must be no restrictions imposed on the general masses to use these resources. The law of nature does not allow anyone to have private ownership of these properties as they are common to mankind. [2] After the Roman Empire collapsed around the 13th century, the postulates of Justinian were codified in Magna Carta of the English laws, more customarily known as the Common Law. According to this, the ownership of the public resources was given to the king where he was only allowed the authority over that property to ensure its proper maintenance. 

This doctrine was further resurrected in the 19th century in the famous case of Illinois central railroad vs. Illinois. [3] In this case, the court held that natural resources could not be made subject to private ownership because of the reason that the interest of the public is involved. [4]

The inception of this doctrine happened because of two main purposes. The first objective was to provide the public with access to natural resources so that everyone gets to enjoy the gift of nature. The second purpose was based upon a wider dimension that is the effective management of resources by following the system of checks and balances. The resources were made accessible to the general public so that they can question the authorities for poor maintenance and management of those resources. 

THE RESTRICTIONS

The Indian legal system is largely based upon Common laws and it includes precedents and doctrines as a major part of jurisprudence. The first restriction states that the State only acts as a trustee and some resources should be reserved by the government for the public. The second restriction states that the resources, at any cost and under any circumstance, are not eligible to be sold by the State and the third restriction requires the State to maintain the property in its best capacity. It is the responsibility to make sure that these natural resources are not made subject to individual or private use. [5]

M.C. Mehta vs. Kamal Nath: [6]- In this case, the government provided lease of forest land to a private company to make use of the land for commercial purposes. A motel was supposed to be built on the land, at the bank of river Beas. The court relied upon this doctrine for the judgment and opined that the rivers, forests, and other such resources count as a nation’s wealth, and these are not to be given away for commercial purposes.

M.I. Builders vs. Radhey Shyam Sahu [7] :- In this case, a private builder in Lucknow was granted permission by the Nagarpalika to build an underground complex at the place of a park. The Supreme court held that this permission violates provisions of the Municipal act and goes completely against the master plan of the city Lucknow. The Supreme court while giving the judgment made sure that the Public Trust Doctrine is considered and ordered the Nagarpalika to restore the rights of the park and terminate the contract with the builder on the grounds of unconstitutionality. 

Therefore, where the administrative authorities abused their power, the Doctrine of Public Trust acted as an important instrument for the protection of the environment. 

CONCLUSION

It could be concluded that this doctrine is an affirmation that the state shall take care of the natural resources as nobody owns the earth and the gifts of nature. It provides an effective contrivance to keep the power of the authorities in check and is also a great alternative to ensure the protection and improvement of the degrading environment. The recognition and use of this doctrine by the judiciary while deciding cases shows that it is in rhythm with the issues we are facing today related to the environment. Even though the directive principles of state policy are not justiciable but Article 48A [8] also advocates for this doctrine. 

FAQ

Q. In which case was the Doctrine of Public Trust first implemented in India?

A. The Doctrine of Public Trust was first used in MC Mehta v. Kamal Nath (1997) 1 SCC 388 in the year 1997 where the Supreme court took a stand against environmental degradation.

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References

[1] Lavannya Rajamani, ‘Doctrine of Public Trust : A tool to ensure effective state management of natural resources’  <https://www.jstor.org/stable/43951624?seq=1#metadata_info_tab_contents> accessed on 06-Aug-2020

[2] David C. Synder, ‘Locke on Natural Law and Property Rights’ < https://www.jstor.org/stable/40231500?seq=1#metadata_info_tab_contents> accessed on 06-Aug-2020

[3] Illinois central railroad vs. Illinois 146 U.S. 387 (1892)

[4] George H. Smith , ‘John Locke : The justification of Private Property’ <https://www.libertarianism.org/columns/john-locke-justification-private-property> accessed on 06-Aug-2020

[5] David C. Synder, ‘Locke on Natural Law and Property Rights’ <https://www.jstor.org/stable/40231500?seq=1#metadata_info_tab_contents> accessed on 06-Aug-2020

[6] M.C. Mehta v. Kamal Nath , (1997) 1 SCC 388

[7] M.I. Builders vs. Radhey Shyam Sahu AIR 1999 SC 2468

[8] Article 48A of the Constitution of India - Protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.