The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).
Table of Contents
- Abstract
- Chapter -1
- Introduction-
- Chapter 2
- Conceptualization of Public Trust Doctrine
- Meaning
- History
- Modern Revival
- Resources Protected under Public Trust Doctrine
- Role of Judiciary in India
- Constitution environmentalism
- Judicial Pronouncements-
- Concept of Public Trust Doctrine in United States of America and South Africa
- Conclusion
Objectives and Key Themes
This research paper examines the Public Trust Doctrine (PTD) in India, exploring its concept, judicial application, and significance in the modern world. The paper investigates the need for the PTD in India and its broader importance.
- The concept and meaning of the Public Trust Doctrine
- The historical development and modern revival of the PTD
- The role of the judiciary in India in applying the PTD
- The application of the PTD in other countries, such as the United States and South Africa
- The importance of the PTD in protecting natural resources and ensuring public access to them
Chapter Summaries
The first chapter introduces the Public Trust Doctrine (PTD), highlighting its importance in protecting natural resources like air, water, and forests. It emphasizes the principle that these resources are not subject to private ownership but should be available for public use and enjoyment. The chapter explores the constitutional basis for the PTD in India, referencing Article 48A and Article 51A, and its connection to Article 21, which guarantees the right to life and liberty.
Chapter 2 delves into the conceptualization of the PTD, providing a detailed analysis of its meaning, historical origins, and modern revival. It outlines the different types of resources protected under the doctrine, including rivers, seashores, and air. The chapter further explores the role of the judiciary in India in applying the PTD, emphasizing its constitutional and legal basis.
Keywords
This research paper focuses on the Public Trust Doctrine (PTD) in India, with particular emphasis on its concept, judicial application, and significance in the modern world. Key terms include: Public Trust Doctrine, natural resources, environmental protection, constitutional environmentalism, judicial pronouncements, public access, state trusteeship, and sustainable development. The paper also analyzes the role of the judiciary in interpreting and applying the PTD, highlighting important cases and judicial decisions.
- Citation du texte
- Shefali Soni (Auteur), 2020, The status of public trust doctrine in India, Munich, GRIN Verlag, https://www.grin.com/document/584333
