Atomic Energy Act's Ban On Licence To Private Entities For Nuclear Energy Purposes Not Arbitrary : Supreme Court

The Supreme Court has upheld the provisions of the Atomic Energy Act 1962 which prohibit private entities from obtaining licence for working on nuclear energy.

The Court observed that these provisions serve a "salutary public purpose" by ensuring that nuclear energy is used only for peaceful purposes under stringent government control. 

The Court was hearing a petition filed by a Physicist, an Indian citizen residing in the USA, seeking a licence for his technology which he stated was designed to trigger nuclear fission for clean energy production minimizing radioactive waste as compared to traditional fusion reactors.

He was aggrieved by Section 14 of the Atomic Energy Act which restrict the involvement of private entities in licensing for nuclear power. Section 14 of the Act states that a licence is required for working on nuclear minerals/substances/plants/equipments etc.

Sub-section (1A) of Section 14 States that no license shall be granted to a person other than a Department of the Central Government or any authority or an institution or a corporation established by the Central Government, or a Government company.

The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that the provisions of the Act are not arbitrary and no fundamental rights of the petitioner were violated.

"These provisions have been introduced in the 1962 Act to serve a salutary public purpose. The long title of the Act indicates that it is an Act to provide for the development, control and use of atomic energy for the welfare of the people of India and for other peaceful purposes," the Court observed.

"The Parliamentary regime envisages a calibrated exploitation of atomic power, subject to stringent safeguards, bearing in mind the likely consequences of misuse and, for that matter, of an accident. These provisions which have been introduced in the Act of Parliament, namely, the 1962 Act, cannot be regarded as arbitrary on interfering with the fundamental rights of the petitioner," the Court observed dismissing the petition filed under Article 32 of the Constitution.

Case Title : Sandeep TS v. Union of India | Writ Petition(s)(Civil) No(s).564/2024

Citation : 2024 LiveLaw (SC) 711

Click here to read the order