Today, On 17th September, The Supreme Court dismissed a plea by a US-based physicist challenging the law that prohibits granting a nuclear license to private parties in India. The physicist argued against the restriction, seeking a change in the regulatory framework. However, the court upheld the existing law, maintaining that nuclear activities remain under strict government control.
New Delhi: The Supreme Court on Tuesday dismissed a plea by US-based physicist Sandeep TS challenging a provision of the Atomic Energy Act that bars private parties from obtaining licenses to deal in nuclear materials.
The court emphasized the potential misuse of such materials, including for bomb-making, as justification for the law.
A bench led by Chief Justice D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra, upheld the prohibition, stating that atomic energy licensing should remain restricted to non-private entities.
The CJI explained,
“It (nuclear materials) can be used for making bombs. It is capable of misuse, and that is why there is a prohibition under the Atomic Energy Act, 1962,”
Sandeep TS challenged the validity of section 14 of the Act, arguing that even private firms have been allowed to participate in nuclear power projects. The court, however, noted that these are policy decisions beyond its jurisdiction.
The Supreme Court upheld the validity of Section 14(1) of the Atomic Energy Act, rejecting the challenge by US-based physicist Sandeep TS.
The bench, led by Chief Justice D Y Chandrachud, stated,
“We cannot find fault with the reasoning of the Executive and why the provision was introduced in the Act (law) of Parliament.”
The court emphasized the risk of “misuse” and potential nuclear mishaps as justification for the prohibition, and expressed no inclination to entertain the plea. It further noted that the legal provision was not “manifestly arbitrary,” as alleged by the petitioner.
The impugned Section 14(1) reads,
“The Central Government may, subject to such rules as may be made in this behalf, by order prohibit except under a licence granted by it… any plant designed or adopted or manufactured for the production, development, and use of atomic energy or for research into matters connected therewith.”
The rejection of Sandeep TS’s petition reaffirms the Indian government’s stance on keeping nuclear energy licensing tightly controlled, reflecting global concerns about nuclear security.
Read Also: [Breaking] CJI Merges Registrar’s Courts for Better Case Management
The Supreme Court’s decision is a reminder of the potential dangers that unrestricted access to nuclear materials by private entities could present, underscoring the importance of government regulation in such critical areas.
With this ruling, the court has set a precedent that reinforces the importance of national security in managing nuclear energy and aligns with international norms that advocate for strict control over nuclear materials to prevent their misuse for dangerous purposes.