THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS

AUTHOR – SRISHTI YADAV, ASIAN LAW COLLEGE

BEST CITATION – SRISHTI YADAV,THE PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL JURISPRUDENCE: EVOLUTION, INTEGRATION & CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 84-90, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Public Trust Doctrine has fundamentally reshaped environmental jurisprudence in India by shifting the state’s role from being an absolute owner to a fiduciary steward of natural resources which are reserved for the collective benefit of the public. The doctrine was formally integrated into India’s legal system by originating from ancient Roman concepts of res communes and refined in English common law. This paper helps in understanding the doctrine’s evolution, highlighting its constitutionalisation through Article 21. The scope of the public trust doctrine has been expanded gradually from protecting parks in urban areas to artificial waterbodies via several landmark cases.

However, despite its success, this doctrine faces scholarly criticism regarding its lack of predictability and potential for judicial overreach. This study thoroughly provides a critical analysis of these challenges faced, arguing for clear integration of stewardship principles into administrative policy to safeguard equity.

Keywords: Public trust doctrine, Article 21, Stewardship