Doctrine

Public trust doctrine

Intellectuals Forum Tirupathi v. State of Andhra Pradesh and Others [(2006)3 SCC 549]. Again in the said decision, the Apex Court invoked the public trust doctrine. It will be necessary to consider what is held by the Apex Court in paragraph 82 of the said decision which reads thus :

“82. Article 48-A of the Constitution of India mandates that the State shall endeavour to protect and improve the environment to safeguard the forests and wild life of the country. Article 51A of the Constitution of India, enjoins that it shall be the duty of every citizen of India, inter alia, to protect and improve national environment including forests, lakes, rivers, wild life and to have compassion for living creatures. These two Articles are not only fundamental in the governance of the country but also it shall be the duty of the State to apply these principles in making laws and further these two articles are to be kept in mind in understanding the scope and purport of the fundamental rights guaranteed by the Constitution including Articles 14, 19 and 21 of the Constitution of India and also the various laws enacted by the Parliament and the State Legislature.”

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