The Parens Patriae Role of the Courts in the Matter of Public Trusts under §92 of the Civil Procedure Code: Expectations, Contributions, and Limitations

The Parens Patriae Role of the Courts in the Matter of Public Trusts under §92 of the Civil Procedure Code: Expectations, Contributions, and Limitations

Volume 7 Issue 3-4 ()

The discourse on public trusts in India has been ridden with contradictions. In the absence of any specific laws governing them, trusts, and more importantly, trustees, are more often than not faced with conundrums to which the law may not always have solutions. In this paper, I examine this jurisprudence on the subject of public trusts, and delve into why the Judiciary ought to assume the duties of parens patriae in protecting the rights of a trust. As these rights are not compartmentalised as black or white, it becomes all the more vital for strengthening the role of the Judiciary in this regard.

Cite as: P. Ishwara Bhat, The Parens Patriae Role of the Courts in the Matter of Public Trusts under §92 of the Civil Procedure Code: Expectations, Contributions, and Limitations, 7 NUJS L. Rev. 205 (2014)