The question (15 marks)
Explain the public trust doctrine and its application in India. Is it an absolute bar on the alienation of natural resources? Discuss also the principle of intergenerational equity and the difficulty of representing future generations. (15 marks)
MU Module II, public trust, intergenerational equity and environmental impact assessment; pack ch. 06 and case briefs 10 and 11.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · International Perspectives and Principles of Environmental Laws.
Authorities you will need
- M.C. Mehta v Kamal Nath, the Span Motels litigation
- Intellectuals Forum, Tirupathi v State of A.P.
- National Audubon Society v Superior Court of Alpine County, the Mono Lake case
- Illinois Central Railroad Co. v People of the State of Illinois
- A.P. Pollution Control Board v Prof. M.V. Nayudu
- Orissa Mining Corporation v Ministry of Environment and Forests
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.