Environmental regulators obligated to prevent environmental harm

Environmental regulators are constitutionally obligated to prevent and mitigate environmental harm. In a landmark judgement in Indian environmental jurisprudence, the Supreme Court bench of Justices Pamidighantam Sri Narasimha and Manoj Misraย expanded upon the scope of the power of Pollution Control Boards at the State and UT level.ย 

The matter in .P.C.C vs Lodhi Property Co. Ltd.Etc decided on 4 August 2025 was an appeal arising from the Delhi Pollution Control Committee (DPCC) alleging violations of Section 25 of the Water Act and Sections 21 and 22 of the Air Act by residential and commercial entities. The judgement harmonizes the Polluter Pays principle which was established in the Enviro-Legal Action v. Union of India case, by asserting that remedial directions do not amount to punitive actions.

Regulators must be inspired from the obligation in Part IV A and Article 48 A. The Stateโ€™s โ€˜endeavour to protect and improve the environmentโ€™ is a partial goal, if it does not ensure a duty to restore damages The Court recognized that amid climate change, the duty to protect water and air have attained the most significance of all obligations in Article 51A. Institutional transparency and accountability need to guide interpretation of Section 33A of the Water Act and 31A of the Air Act.

The Apex Court made a distinction in action for environmental damages for restitution or remediation and imposition of penalties or fines levied as a punitive action. By referring to the precedence in M.C. Mehta, the Court upheld that Indian law maintains a difference between actions for compensatory damages that are rooted in remedial action, and statutorily mandated punitive actions. 

The Court reiterated that Sections 33A and 31A empower regulators to issue directions including ex-ante remedial measures like compensation or bank guarantees. These powers are similar in nature to Section 5 of the Environment Protection Act and must be read in light of the Polluter Pays principle. Boards may adopt any appropriate measure against a polluting entity to minimize harm. This includes punitive proceedings under Chapters VII and VI of the Water and Air Acts respectively.  In doing so, they must exercise transparency, procedural fairness and have an intent to restore and remediate upon environmental loss.

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Leave a Reply

Your email address will not be published. Required fields are marked *

Next Article

Assessment Internship at Hammurabi & Solomon Partners โ€“ Corporate Team Opportunity in New Delhi

Introduction

For fresh law graduates eager to enter the corporate legal world, an internship is more than just a resume boosterโ€”itโ€™s the first step toward building a strong foundation in regulatory, compliance, and advisory work. One of Indiaโ€™s most respected law firms, Hammurabi & Solomon Partners, is offering a six-month Assessment Internship in its Corporate Team based in Saket, New Delhi. This opportunity promises direct exposure to client matters, complex regulatory frameworks, and the chance to learn from experienced associates and senior associates.

About Hammurabi & Solomon Partners

Founded with the vision to blend strategic legal advice with deep business understanding, Hammurabi & Solomon Partners has consistently ranked among Indiaโ€™s top law firms. With expertise spanning corporate, regulatory, dispute resolution, and public policy matters, the firm is known for its thought leadership and practical problem-solving approach. Interns here get more than theoretical assignmentsโ€”they become part of a team that actively shapes client strategies and compliance journeys.

Role Overview: Assessment Intern โ€“ Corporate Team

The position of Assessment Intern is designed for motivated, detail-oriented law graduates who want to specialize in corporate and regulatory practice. The six-month program combines rigorous research tasks with hands-on involvement in compliance audits and advisory work. Interns will work closely with associates and senior associates, making this role a gateway into the professional practice of corporate law.

Location: Saket, New Delhi
Duration: Six months
Reporting To: Associate / Senior Associate

Key Responsibilities

As an Assessment Intern at Hammurabi & Solomon Partners, you will be responsible for a range of tasks that mirror the responsibilities of a junior associate:

  1. Regulatory Research
    • Conduct in-depth analysis of central and state frameworks, including SEBI, RBI, MCA, DPIIT, and TRAI.
    • Explore areas like competition law, environmental law, and labor law.
  2. Drafting & Advisory Support
    • Prepare concise research notes, compliance updates, and client advisories on emerging regulations.
    • Draft checklists of legal and regulatory approvals required for setting up factories or industrial units across states.
  3. Compliance & Policy Work
    • Support client teams in regulatory mapping and compliance audits.
    • Research industrial policy incentives, environmental clearances, and labor law registrations relevant to manufacturing.
  4. Legal Documentation
    • Draft preliminary application summaries, Standard Operating Procedures (SOPs), and compliance trackers.
    • Gain exposure to critical labor and industrial statutes such as the Factories Act and the Industrial Disputes Act.

Why This Internship Stands Out

This is not a routine internship limited to academic research. Instead, it places interns at the intersection of law, policy, and business operations. By engaging with compliance audits and regulatory landscapes, interns will:

  • Build expertise in corporate and compliance law.
  • Understand sectoral regulations that impact Indian businesses.
  • Gain mentorship from senior lawyers with extensive industry experience.
  • Develop professional skills in drafting, statutory interpretation, and advisory support.

Such a holistic exposure is rare in traditional internships and makes this program a stepping stone for a career in corporate law firms, in-house legal teams, or regulatory advisory.

Qualifications & Skills Required

To be considered for the Assessment Internship at Hammurabi & Solomon Partners, candidates should meet the following criteria:

  • A recent law graduate from a reputed institution.
  • Strong research and writing abilities.
  • Demonstrated interest in corporate, regulatory, and compliance law.
  • Analytical skills to interpret statutes, rules, and notifications.
  • High attention to detail and organizational skills for managing multiple assignments.

How to Apply

Interested candidates should send their updated resume to Hrcom1@hammurabisolomon.com. Given the competitive nature of such opportunities, applicants are advised to highlight relevant coursework, previous internships, and any research or publications in regulatory domains.

Final Thoughts

The Assessment Internship at Hammurabi & Solomon Partners offers a unique chance to immerse yourself in Indiaโ€™s regulatory and corporate legal ecosystem. For aspiring corporate lawyers, this program combines learning with practice, offering an unparalleled pathway to professional growth. If youโ€™re motivated, research-oriented, and eager to take on real legal challenges, this is your chance to learn from one of Indiaโ€™s most reputed law firms.

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Next Article

Contact Us

For Submitting a Post

contact@lawdrishti.com

For Banner ads & admission campaigns

advertise@lawdrishti.com

Timing

Hours: 9 AM โ€“ 9 PM (Mon-Sat)

See the below animation to allow notifications.

Start getting Lawdrishti updates useful for you!

Contact Us

For Submitting a Post

For Banner ads & admission campaigns

Contact us
For Submitting a Post
For Banner ads & admission campaigns
Timing

Hours: 9 AM โ€“ 9 PM (Mon-Sat)