Published On: April 11th 2026
Authored By: JEYASHRI R
GOVERNMENT LAW COLLEGE, MADURAI
Abstract
Globally, we, the people, rely on energy sources for day-to-day activities. But demand and supply of energy are not in balance due to rising demand. To address this issue, many scientific experts from developed nations believe nuclear energy sources are reliable, clean and affordable. The entry of newcomer countries in this sector is significantly increasing. This article examines whether the new enactment in the Indian nuclear energy sector will be a leap forward or a risky gamble. It concludes that the new enactment leads to private competition and monopoly, thereby affecting Sustainable Development Goal 7 (SDG 7).
I. Introduction
Worldwide, the demand for energy is increasing. In India, energy consumption surged 38% between 2014-15 and 2023-24.[1] Various energy sources are utilised, including solar, wind, coal, biofuels and nuclear energy. Among these sources, nuclear energy is gaining prominence in developed nations. Internationally, many regulatory frameworks have been established. Nationally, the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), has repealed the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010. This article examines the evolution of nuclear energy, the history of nuclear energy frameworks internationally and in India, the definitional scope of nuclear energy, differences between old and new legislation, environmental jurisprudence in the nuclear energy sector, and the lessons drawn from past nuclear disasters.
II. Evolution of Nuclear Energy
In 1789, uranium was discovered by the German chemist Martin Heinrich Klaproth, a landmark discovery that set the stage for subsequent developments in nuclear science.[2] Between 1895 and 1945, the science of atomic radiation and nuclear fission was progressively developed. Between 1939 and 1945, most of this development was directed toward the atomic bomb. Following the conclusion of World War II, attention shifted to controlling nuclear energy for naval propulsion and for generating electricity. Since 1956, the focus has been on the technological evolution of reliable nuclear power plants.
III. History of Nuclear Energy Legislation
During World War II, two nuclear bombs were dropped on Hiroshima and Nagasaki, Japan.[3] As a result, the United Nations was established in 1945. By its first General Assembly resolution, the UN Atomic Energy Commission was established to address atomic energy. In 1957, the International Atomic Energy Agency (IAEA) was established. Several conventions were subsequently adopted to promote the Atoms for Peace initiative.
In India, some of the major milestones include: the Indian Parliament enacted the Atomic Energy Act, 1948 and established the Atomic Energy Commission (AEC).[4] Owing to scientific development, the Atomic Energy Act, 1948 was repealed by the Atomic Energy Act, 1962. The Atomic Energy Act, 1962 was amended several times in 1986, 1987 and 2015.[5] In 1998, India successfully conducted nuclear fission and fusion experiments. In 2010, the Civil Liability for Nuclear Damage Act (CLND Act) was enacted[6] to ensure proper compensation to victims of nuclear incidents.
Recently, the SHANTI Act, 2025 was passed by Parliament. This marks a key milestone in India’s atomic energy regime.
IV. Definition of the Term Nuclear Energy
The terms ‘atomic energy’ and ‘nuclear energy’ are often used interchangeably. Section 2(a) of the Atomic Energy Act, 1962[7] defines “atomic energy” as energy released from atomic nuclei as a result of any process, including fission and fusion processes.
Parliament clarified this usage in Section 2(22) of the SHANTI Act, 2025,[8] which defines “nuclear energy” in essentially the same terms. Importantly, the explanatory note to this Section resolves the terminological ambiguity by stating that the expression “atomic energy” in any law or instrument having the force of law shall be construed as a reference to “nuclear energy” as defined in that clause.
Nuclear energy can be produced in two ways:[9]
(a) Fission: when the nuclei of atoms split into several parts; or
(b) Fusion: when nuclei fuse together.
Section 2(15) of the SHANTI Act, 2025 defines “fissile material” to mean: (a) plutonium; (b) uranium-233; (c) uranium-235; or (d) any other prescribed material.
V. Comparison of Old and New Nuclear Energy Legislation
The following are some key differences between the old legislative framework and the SHANTI Act, 2025:
1. Consolidation of Legislation: The Atomic Energy Act, 1962 originally contained 32 Sections, and the CLND Act, 2010 contained 49 Sections. These two enactments were replaced by a single legislation, the SHANTI Act, 2025, which contains 91 Sections and three Schedules.
2. Preamble: The preamble of the old legislation was narrower in scope. The Atomic Energy Act, 1962 focused on the welfare of the people of India and the use of nuclear energy for peaceful purposes. The CLND Act, 2010 focused on a ‘no-fault liability regime’ to ensure proper compensation to victims of nuclear incidents. By contrast, the preamble of the SHANTI Act, 2025 envisages a new legal framework to promote research and innovation in the private sector and to enable active involvement of both public and private sectors. This shift has attracted serious criticism on grounds of public safety and accountability.
3. Definitional Changes: In both the old and new legislation, definitions are placed in Section 2. However, there are substantive differences. The old Act used the term ‘atomic energy’, whereas the new Act employs the term ‘nuclear energy’ and provides an express clarificatory note to resolve any interpretive inconsistency.
4. Nuclear Material: Under Section 2(k) of the CLND Act, 2010, “nuclear material” was defined to include: (i) nuclear fuel (other than natural uranium or depleted uranium) capable of producing energy by a self-sustaining chain process of nuclear fission; and (ii) radioactive products or waste. Section 2(26)(i) of the SHANTI Act, 2025 adopts a similar definition but extends it to include any radioactive material produced in, or made radioactive by exposure to, the radiation incidental to the production or utilisation of nuclear fuel, excluding radioisotopes which have left their nuclear installation of origin for final fabrication for scientific, medical, agricultural, commercial or industrial purposes.
5. Redressal Advisory Council: Section 47 of the SHANTI Act, 2025 empowers the Central Government to appoint, by notification, a council to be known as the Atomic Energy Redressal Advisory Council. No equivalent council existed under the old legislation.
6. Appellate Tribunal: The old legislation did not provide for an appellate tribunal. Section 49 of the SHANTI Act, 2025 designates the Appellate Tribunal for Electricity, established under Section 110 of the Electricity Act, 2003, as the appellate authority for purposes of the new Act.
VI. Nuclear Energy and Environmental Jurisprudence
The IAEA[10] has stated that nuclear energy has the potential to be a reliable, sustainable and environmentally friendly energy source. It has laid down certain principles for its member states concerning nuclear safety and precautions.
These principles include: benefits, transparency, protection of people and the environment, security, non-proliferation, long-term commitment, resource efficiency and continual improvement. Concerns have been raised that the SHANTI Act, 2025, as currently framed, may compromise these principles if implemented without adequate safeguards.
In India, even before the introduction of the new Act, the Supreme Court in Sandeep TS v. Union of India[11] (2024 INSC 791) upheld the provisions of the Atomic Energy Act, 1962, holding that the prohibition on private entities obtaining a licence for working on nuclear energy serves a salutary public purpose.
VII. Radiation: Testing Environmental Jurisprudence
While nuclear energy offers advantages in terms of reliability, affordability and low carbon emissions, it presents significant concerns. Chief among these is nuclear radiation. The term “nuclear radiation” is defined under Section 2(34) of the SHANTI Act, 2025 to mean ionising radiation such as gamma rays, X-rays and rays consisting of alpha particles, beta particles, neutrons, protons, positrons and other nuclear and sub-atomic particles, but not sound or radio waves, microwaves, or visible, infra-red or ultra-violet light.
The first major radiation incident was the Kyshtym disaster in Russia in 1957, at a military reprocessing plant.[12] Other devastating incidents include the Three Mile Island nuclear power reactor meltdown in the USA in 1979 and the Chernobyl nuclear power reactor disaster in Ukraine in 1986. More recently, in 2011, the Fukushima Daiichi accident occurred in Japan. This evidence illustrates the grave risks of radiation to the environment and to human life.
VIII. Conclusion
This article has examined the major provisions of the SHANTI Act, 2025 and the precautionary principles that must be embedded in it to prevent future nuclear disasters. It is clear that this new enactment presents a challenge: balancing energy needs against the imperatives of environmental protection. While approximately 17% of the world’s electricity is currently generated by nuclear power with relatively limited environmental consequences,[13] the introduction of private participation in the nuclear energy sector brings with it heightened risks that cannot be overlooked.
Environmental, ecological, air and water pollution, as forms of harm to the right to life, have been held to violate Article 21 of the Constitution of India in Virendra Gaur v. State of Haryana[14] (1995) 2 SCC 577. The State therefore bears a constitutional responsibility to protect and improve the environment for present and future generations, and this responsibility must translate into complete and effective public oversight over the nuclear energy sector.
References
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[3] United Nations, ‘Atomic Energy’ <https://www.un.org/en/global-issues/atomic-energy> accessed 7 February 2026.
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[9] International Atomic Energy Agency, ‘What is Nuclear Energy? The Science of Nuclear Power’ <http://www.iaea.org/newscenter/news/what-is-nuclear-energy-the-science-of-nuclear-power> accessed 7 February 2026.
[10] International Atomic Energy Agency, Nuclear Energy and Basic Principles (IAEA Publication, 2008) <https://www-pub.iaea.org/MTCD/Publications/PDF/Pub1374_web.pdf> accessed 7 February 2026.
[11] Sandeep TS v. Union of India, 2024 INSC 791 <https://api.sci.gov.in/supremecourt/2024/37676/37676_2024_1_11_55686_Order_17-Sep-2024.pdf> accessed 7 February 2026.
[12] World Nuclear Association, ‘Radiation and Health Effects’ <https://world-nuclear.org/information-library/safety-and-security/radiation-and-health/radiation-and-health-effects> accessed 7 February 2026.
[13] International Atomic Energy Agency, ‘Nuclear Energy and Sustainable Development’ <https://www.iaea.org/newscenter/statements/nuclear-energy-and-sustainable-development> accessed 7 February 2026.
[14] Virendra Gaur v. State of Haryana, (1995) 2 SCC 577 <https://indiankanoon.org/doc/27930439/> accessed 7 February 2026.
