Examining The Role Of Public Trust Doctrine For Advancing Environmental Justice In India
- IJLLR Journal
- Nov 20
- 1 min read
Kiran Mai, LLM, Faculty of Law, University of Delhi
ABSTRACT
The Public Trust Doctrine has gradually emerged as a cornerstone of environmental law, positioning the State as a guardian of natural resources, obligated to protect them for present and future generations. Its foundations lie in Roman law and the common law tradition, and its significance was further recognized in international instruments like the Draft International Covenant on Environment and Development (1995). In the Indian context, the doctrine draws strength from constitutional provisions most notably Article 21, which has been interpreted to encompass the right to a clean and healthy environment, and Article 48-A, which directs the State to safeguard forests and wildlife. Judicial interpretation has been pivotal in expanding this doctrine, as reflected in cases such as M.C. Mehta v. Kamal Nath and M.I. Builders v. Radhey Shyam Sahu, where the courts intervened to prevent ecologically harmful projects, thereby reinforcing environmental balance. At both national and global levels, the doctrine strikes a balance between development and sustainability, mandates affirmative state action, and empowers citizens to hold authorities accountable in matters of resource governance. Nonetheless, challenges such as inconsistent enforcement, competing public interests, and the pressures of economic growth complicate its effective application. Finally, by blending constitutional mandates with evolving international principles, the doctrine advances the cause of environmental justice, underscoring that natural resources must be preserved not merely as economic commodities but as a shared heritage of humanity.
Keywords: Public Trust Doctrine, Environmental Justice, Sustainable Development, Ecological Balance.
