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 Oct1. The state as trustee
The public trust doctrine says some resources, such as rivers, seashores, forests and the air, are held by the state for the public and cannot be handed over for private use. In M.C. Mehta v Kamal Nath the Supreme Court cancelled a lease that let a motel divert the course of the Beas river. The state is a trustee of natural resources, not their owner.
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2.A right to a wholesome environment3.Duties of the state and the citizen4.The criminal route: public nuisanceSee ProTry the Session 2 MCQs ↓Test yourself on this session
Public 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:
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