The doctrine of public trust holds that certain natural resources — historically air, water, and seashore — are held by the state in trust for the public and cannot be alienated or appropriated for private use in a manner that deprives the public of access to and enjoyment of these resources. The doctrine has ancient roots in Roman law (the Justinian Code) and was incorporated into English common law.
In Indian constitutional jurisprudence, the doctrine was applied by the Supreme Court in M.C. Mehta v. Kamal Nath (1997), where the court held that the state cannot transfer public trust resources to private parties in a manner inconsistent with the trust. The case involved a motel that had encroached on the bed and banks of the Beas river. The court ordered the restoration of the riverbed to its natural course and the demolition of constructions in the riverbed.
The doctrine has since been extended by Indian courts to cover forests, wildlife habitats, and other ecologically sensitive areas. It provides a constitutional basis for environmental litigation, allowing citizens to approach courts when the state fails to protect resources held in public trust.
