ENV · S02Session 2 · 10–11 Oct · 8 min read

Public trust and environmental justice

Why the state holds nature in trust, and the constitutional and criminal routes citizens use to enforce it.

Arts. 21, 48A, 51A(g) · BNSS s. 152 · 4 casesReleased week of 12 Oct

Art. 48A

3. Duties of the state and the citizen

Article 48A (state)Article 51A(g) (citizen)The state shall endeavour to protect and improve the environment and safeguard forests and wildlife.Every citizen has a duty to protect and improve the natural environment.

Neither article is enforceable on its own, but courts read both together with Article 21 to shape the state's obligations.

BNSS s. 152

4. The criminal route: public nuisance

Before environmental statutes, the law of public nuisance did the work. In Municipal Council, Ratlam v Vardhichand residents used the magistrate's power to remove a public nuisance, then section 133 of the Code of Criminal Procedure, to force the municipality to fix open drains. The Court held that lack of funds was no defence. That power is now section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the offence of public nuisance is in section 270 of the Bharatiya Nyaya Sanhita, 2023.

Practice · Session 2

Test yourself on this session

Question 1 of 5Public trust doctrineUnder the public trust doctrine as applied in M.C. Mehta v Kamal Nath, the state's role over natural resources is that of:

Answer all of them, then submit to see your score.5 questions · about 4 minStart MCQsAnswers and why after you submit. Your score is saved to Session 2.