Public Trust Doctrine

1. The Supreme Court of India clarified that the Public Trust Doctrine applies not only to natural water bodies like rivers and lakes, but also to man-made water bodies (like artificial lakes, reservoirs, or tanks) if they serve ecological or environmental functions.
2. What is the Public Trust Doctrine: It is a legal principle which states that certain resources are so important for society that they must be preserved for public use. Under this doctrine:
   1. Resources are not meant for private ownership.
   2. They are considered to belong collectively to the people.
   3. The government acts only as a trustee, not as an owner. In simple terms, the State merely protects and manages these resources on behalf of citizens.
3. Historical Origin: The doctrine originated in Roman law. Later, it was strengthened through English common law. Over time, it became a globally accepted environmental and governance principle.
4. Three Key Restrictions on Government Authority
   1. Public Purpose Requirement: The property must always serve a public purpose and remain accessible to the general public.
   2. Prohibition on Sale: Such property cannot be sold, even if the government is offered fair monetary compensation.
   3. Limited Types of Use: The resource must be maintained only for specific public-oriented uses, not diverted arbitrarily.

FAQs

Q1. What is the Public Trust Doctrine? 

It is a legal principle that certain resources (like rivers, lakes, forests) belong collectively to the people, and the government acts only as a trustee to protect and manage them.

Q2. Does the Public Trust Doctrine apply only to natural resources? 

No. The Supreme Court clarified that it applies to man-made water bodies too, if they serve ecological or environmental functions.

Q3. What is the historical origin of Public Trust Doctrine? 

It originated in Roman law, was strengthened through English common law, and is now a globally accepted principle of environmental governance.

Q4. What restrictions does the Public Trust Doctrine place on government authority?

1. Resources must serve a public purpose
2. They cannot be sold, even for compensation
3. They can only be used for specific public-oriented purposes

Q5. Why is the Public Trust Doctrine important? 

It ensures that vital ecological resources remain accessible to all, prevents arbitrary diversion, and upholds the principle of collective ownership for public good.