Essay Example on The Common Law jurisprudence

Public trust doctrine serves two purposes it mandates affirmative state action for effective management of resources and empowers citizens to question ineffective management of natural resources The doctrine combines the guarantee of public access to public trust resources with a requirement of public accountability in respect of decision making regarding such resources Moreover not only can it be used to protect the public from poor application of planning law or environmental impact assessment it also has an intergenerational dimension The Stockholm Declaration of United Nations on Human Environment evidences this seminal proposition The natural resources of the earth including the air water land flora and fauna and especially representative samples of natural system must be safeguarded for the benefit of present and future generations through careful planning or management as appropriate Hence public trust doctrine is widely accepted doctrine in international scenario The Public Trust Doctrine can also be used as leverage during policy deliberations and public scoping sessions and hearings In India this doctrine is recognised by judiciary in many cases and it is a well established phenomenon in Indian jurisprudence Under the Constitution of India Right to life is considered as fundamental right under Article 21 It is interpreted by Supreme Court in Olga Tellis that right to life include right to livelihood and an extended interpretation also included right to healthy environment Articles 48A and 51A of the Constitution of India also highlight the principles of this doctrine 

In K M Chinnappa v Union of India the Supreme Court held that the pristine glory of the natural resources cannot be allowed to be eroded or encroached unless the Courts find it necessary in good faith for public good and in the public interest In Intellectual Forum v State of A P the Court held that natural resources which include lakes are held by the State as a trustee of the public and can be disposed of only in a manner that is consistent with the nature of such a trust Hence the sum total of these cases evidenced that the state is not the owner of the natural resources in the country but a trustee who holds fiduciary relationship with the people By accepting this task the government is expected to be loyal to the interests of its citizens and to discharge its duty with the interest of the citizens at heart and involve them in decision making process concerning the management of natural resources in the country The Doctrine of Public Trust is a highly effective tool in the hands of our judiciary to protect the environment from arbitrary and unreasonable actions of the governmental authorities These days the influence of corporate bodies is increasing globally and there are high chances of misuse of natural resource in the favour of such private actors by the government In such case the Doctrine of Public trust would act as an effective check with regard to management of natural resources by the government