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The Doctrine of Public Trust in India: Tracing the Development and Marking out Future Requirements |
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Ivan |
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This papertraces the development of the Public Trust Doctrine, from its humble origins in ancient Rome to the ‘force ’ it has come to bereck oned with in present- day legal systems, with special emphasis on the Indian legal regime . It further extends to the manner in which the Indian judiciary, of its own accord, adopted this principle in the Indian legal system and used it for environmental protection; and how with the expansion of judicial activism , this doctrine assumed Constitutional significance and a mandate backed by part III of the Indian Constitution that contains the Fundamental Rights. An attempt has also been made to throw somelight on the paradoxical rulings by the apex court of India that have dealt a severe blow to pro- environmental activism in India. The paper ends with a call to the legislature to ensure the legislative recognition of ‘tools’ such as the Public Trust Doctrine for ensuring sustainable development. |
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