https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

SHANTI Act Case Explained: Supreme Court On Nuclear Safety, Liability And Compensation

The Supreme Court expressed reluctance to interfere with the SHANTI Act while hearing a PIL challenging nuclear liability caps and supplier protections. The Court assured petitioners that concerns over compensation and safety mechanisms would be examined.
E-Prisons Early Release Processing Module
Indian Masterminds Stories

New Delhi: The SHANTI Act challenge in the Supreme Court came under focus after the apex court said it does not want to “second-guess” Parliament’s policy decisions on nuclear energy. However, the Court assured petitioners that it would address concerns related to compensation and liability in case of a nuclear accident. 

The matter relates to the constitutional validity of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025.

Details of SHANTI Act Case

A Bench led by Surya Kant, along with Joymalya Bagchi and Vipul Pancholi, heard a Public Interest Litigation challenging the SHANTI Act.

The petition argues that:

  • The law limits liability for nuclear accidents.
  • Suppliers of nuclear equipment receive protection from direct liability.
  • The compensation cap is too low for a major nuclear disaster.
  • The law weakens the “absolute liability” principle developed by the Supreme Court in hazardous industry cases.

Senior Advocate Prashant Bhushan argued that nuclear accidents like Fukushima and Chernobyl showed that damages can run into lakhs of crores, while the Act caps liability at under ₹4,000 crore.

Supreme Court’s Key Observations on SHANTI Act Case

The Court orally observed that:

  • Nuclear energy policy is a “sensitive legislative policy issue.”
  • Parliament has the right to frame investment-friendly laws.
  • Courts still retain the power to award compensation to victims.

The Bench clarified that even if the law places a cap on operator liability, courts may still determine compensation independently in appropriate cases.

Read also: Article 19 Explained: Supreme Court Declares Mother Tongue Education a Fundamental Right

The Court also said it would attempt to “clear apprehensions” raised by petitioners regarding:

  • Nuclear safety
  • Victim compensation
  • Supplier accountability
  • Regulatory independence

The matter is now listed for hearing in July 2026.

What Is The SHANTI Act?

The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025 replaced:

  • The Atomic Energy Act, 1962
  • The Civil Liability for Nuclear Damage Act, 2010

The law aims to modernize India’s nuclear energy sector and attract private and foreign investment.

Major Features Of The SHANTI Act

  • Allows private sector participation in nuclear power.
  • Creates a new nuclear liability framework.
  • Gives statutory status to the Atomic Energy Regulatory Board (AERB).
  • Introduces compensation limits based on reactor size.
  • Establishes a Nuclear Damage Claims Commission.

SHANTI Act Case: Why Is The Law Facing Criticism?

Critics claim the Act reduces accountability in the event of a nuclear accident.

Main Concerns Raised

  • Supplier liability protection may reduce safety incentives.
  • Compensation caps may be inadequate during a disaster.
  • The Act removes earlier legal safeguards available under the 2010 law.
  • Petitioners say it violates Articles 14 and 21 of the Constitution.

Experts opposing the law also point to the Supreme Court’s “absolute liability” doctrine from the Oleum Gas Leak case, which held hazardous industries fully responsible for damage caused.

Government’s Broader Nuclear Vision

The SHANTI Act is part of India’s larger nuclear expansion plan.

The government aims to:

  • Increase nuclear power capacity to 100 GW by 2047.
  • Expand clean energy generation.
  • Encourage private investment in nuclear infrastructure.

Supporters of the Act argue that international investors were reluctant to enter India because of stricter supplier liability rules under the previous law.

Read also: Big Setback for Govt Employees: Supreme Court Rules No Right to Promotion From Old Vacancies


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
FJCCI jharkhand
Jharkhand Chamber Signs MoUs to Boost Skill Development and Local Employment for Youth
mohan cm
MP Digitises 4,536 PACS to Boost Transparency and Strengthen Rural Cooperative System, Says CM Mohan Yadav
Rail Vikas NIgam Limited RVNL
RVNL Secures ₹221.33 Crore EPC Order from South East Central Railway for Bilaspur Division Modernization
cm mohan yadav
Madhya Pradesh Boosts Pharma Growth as CM Mohan Yadav Lays Foundation for ₹2,000 Crore Haleon Plant in Pithampur
IPS Pooja M 2023 batch AGMUT cadre
Who Is IAS Pooja M? Karaikal Officer Who Jailed Three Sons for Neglecting Their Elderly Father
HUDCO Perpetual Tier I Bond Issue
HUDCO Signs Tripartite Agreement to Appoint Beetal Financial as New Registrar and Share Transfer Agent
ips-riti-raj
Who Is IPS Officer Riti Raj? Telangana Cop Who Led Hyderabad Pub Raid and Exposed Alleged Sex Racket
Rajasthan 21 IPS Officers Transfer
8 Senior IPS Officers to Conduct Field Assessment in 16 Gujarat Border Villages on June 11-12
ADVERTISEMENT
ADVERTISEMENT
Videos
ajay suri
When The Entire Film Crew Was At The Mercy of King Cobra
Manisha Khatri
How IAS Officer Manisha Khatri IS Turning Nashik Kumbh 2027 Into A Digital Mega City
Vikas Vaibhav
How IPS Officer Vikas Vaibhav Turned a Dream Into Bihar’s Biggest Youth Movement
ADVERTISEMENT
UPSC Stories
Brijesh Parmar RAS
Failed Class 12, Failed BA First Year, Chose Dance, Then Cracked RAS Twice: The Story of Brijesh Parmar
Failed Class 12 and BA first year, pursued professional dance, then cracked RAS twice. Read Brijesh Parmar's...
IFS Akshat Singhal
Cracked UPSC CSE, IFS and Engineering Services: The Inspiring Journey of Akshat Singhal While Balancing a Full-Time Job
Rajasthan's Akshat Singhal Balanced a Demanding Government Job, Multiple UPSC Attempts and Personal Sacrifices...
Bhoomika Jain UPSC CSE 2025
A First for Generations: Bhoomika Jain Clears UPSC CSE 2025 After Two Failed Attempts
Bhoomika Jain from Satna secured AIR 331 in CSE 2025 after clearing the exam in her third attempt. Read...
CSR NEWS
NTPL
NTPL Signs ₹2.97 Crore CSR MoU with Gandhigram Rural Institute to Establish Gandhi Museum in Tamil Nadu
Project aims to preserve Mahatma Gandhi’s legacy through education, research, and heritage conservation...
NCL
NCL Signs ₹25 Lakh MoU with Singrauli Administration for Jal Ganga Sanvardhan Abhiyan Water Conservation Project
CSR initiative to build three ponds in Chitrangi block aims to boost groundwater recharge, irrigation...
DVC
DVC Donates 2 Ambulances in Koderma to Boost Rural Emergency Healthcare Services Under CSR Initiative
In collaboration with NGO Pehchan, Damodar Valley Corporation strengthens healthcare access in Jharkhand...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
FJCCI jharkhand
Jharkhand Chamber Signs MoUs to Boost Skill Development and Local Employment for Youth
Pankaj Nain
Mission Maidan: How Haryana Police Is Taking the Fight Against Drugs From the Streets to the Grassroots
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
ajay suri
Manisha Khatri
Vikas Vaibhav
ADVERTISEMENT
ADVERTISEMENT