THE DOCTRINE OF 'PUBLIC TRUST': CHANGING FORMS AND ITS INDIAN FACE - FROM JUDICAL ROMANTICISM TO A CALL FOR CODIFICATION

 

ANU TIWARI AND KANISHK SRIVASTAVA

ABSTRACT:

The last few decades have witnessed growing levels of industrialisation, albeit at the cost of the environment. A recognition of the finite nature of earth's resources has led to the growing popularity of legal tools in the hands of judiciary and policymakers in a bid to check environmental excesses. The doctrine of public trust being one such tool, this comment reviews the theoretical underpinnings of the notion of public trust. Through a comparative analysis of the treatment and application of the doctrine in different national jurisdictions, the article, with the aid of reference to case law, seeks to prove the hypothesis that the application of the trust doctrine in India has been myopic, ad-hoc and unpredictable, resulting in a narrow construction of the relevant principles. To cure these failings, the article suggests certain models that can be employed by the judiciary and lawmakers in India.