Need to find balance between ‘visible’ national interest and ‘hypothetical’ loss in case of nuclear accident, says SC on SHANTI Act
GS3Economy · S&T · Environment · Security· Nuclear & new energy technology· Prelims + Mains·
Why in news
The Supreme Court is examining whether the SHANTI Act of 2025 is 'manifestly unjust' or 'arbitrary' following a petition challenging its low liability caps for private nuclear operators.
Background
The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act of 2025 sets liability caps for private operators and suppliers at ₹3,000 crore ($331 million). Petitioner E.A.S. Sarma argues these caps are inadequate compared to the damages seen in the Chernobyl and Fukushima disasters.
Facts for Prelims
- Act / BillSHANTI Act: Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act of 2025
- FactLiability cap under SHANTI Act: ₹3,000 crore ($331 million) for private operators and suppliers
- PostCJI Surya Kant: Presiding over the petition challenging the SHANTI Act
For Mains
Q. Critically analyze the adequacy of liability caps for private nuclear operators in India, balancing national energy security with the constitutional right to safety and compensation.
Dimensions to cover in your answer
- Legal conflict: Balancing 'national interest' in nuclear expansion against the 'manifestly unjust' limitation of victim compensation
- Regulatory gap: Disparity between statutory liability caps and the actual economic scale of nuclear disaster damages
- Constitutional scrutiny: Assessing the arbitrariness of legislative caps on private sector liability in high-risk energy sectors
Keywords: Manifestly unjust · Liability caps · Nuclear safety · Constitutional scrutiny · Arbitrary action
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