In the case of Sugathapala Mendis and Another v Chandrika Kumaratunga and Others (Waters Edge case) [(2008) 2 Sri L.R. 339]
Justice Shiranee Tilakawardane expressing her views regarding the Public Trust Doctrine has commented as follows:
“The principle that those charged with upholding the Constitution – be it a police officer of the lowest rank or the President – are to do so in a way that does not “violate the Doctrine of Public Trust” by State action / inaction is a basic tenet of the Constitution which upholds the legitimacy of Government and the Sovereignty of the People.
The ‘Public Trust Doctrine’ is based on the concept that the powers held by organs of government are, in fact, powers that originate with the People, and are entrusted to the Legislature, the Executive and the Judiciary only as a means of exercising governance and with the sole objective that such powers will be exercised in good faith for the benefit of the People of Sri Lanka.
Public power is not for personal gain or favour, but always to be used to optimize the benefit of the People. To do otherwise would be to betray the trust reposed by the People within whom, in terms of the Constitution, the Sovereignty reposes.
Powers exercised contrary to the Public Trust Doctrine would be an abuse of such power and in contravention of the Rule of Law.
