Supreme Court: Seeks Responses on SHANTI Act Liability Caps for Nuclear Accidents

The Supreme Court on Monday sought responses from the Central government and the Atomic Energy Regulatory Board (AERB) on a public interest litigation (PIL) petition challenging provisions of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act (SHANTI), 2025 concerning liability for nuclear accidents and the independence of the nuclear regulator.A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, was hearing a petition filed by retired civil servants and scientists challenging several provisions of the Act. Advocate Prashant Bhushan, appearing for the petitioners, argued that the Act exempts nuclear plant suppliers from liability and caps the liability of operators at a level grossly disproportionate to the potential consequences of a nuclear accident.However, the Bench said that such caps imposed by law would not bar courts from ordering higher compensation if it deems appropriate. “Irrespective of provisions of the Act, nothing shall preclude a constitutional court to determine the amount of fair and just compensation.... Central government owes certain liability under the Act,” observed CJI Kant during the hearing.Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V MohanaWhen Bhushan pointed out that the government's liability was also capped, CJI Kant said, “The parliament imposes a cap, that does not bar the court. Irrespective of provision of the Act, nothing shal