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

Kamal Nath

1. 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.

Art. 21

2. A right to a wholesome environment

In Subhash Kumar v State of Bihar the Court recognised that the right to life under Article 21 includes the right to pollution-free water and air. It also dismissed the petition itself, because it was filed to settle a private business dispute, not in the public interest.

Environmental rights are balanced against others. In Arjun Gopal v Union of India the Court restricted the sale and use of firecrackers in Delhi, weighing the trade rights of sellers under Article 19(1)(g) against the health of residents under Article 21.

Continue on page 2Duties of the state and the citizen2 more sections: Duties of the state and the citizen, The criminal route: public nuisance

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.