Case Note & Summary
The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging the intense public fear and agitation stemming from past nuclear disasters such as Three Mile Island, Chernobyl, and Fukushima. The historical and legislative background is traced from the Constituent Assembly debates in 1948, leading to the enactment of the Atomic Energy Act, 1948, later replaced by the Atomic Energy Act, 1962. The 1962 Act provides the framework for the development, control, and peaceful use of atomic energy. Under this Act, the Atomic Energy Commission (AEC) and Department of Atomic Energy (DAE) were established, followed by the Atomic Energy Regulatory Board (AERB) in 1983 to handle regulatory and safety functions under Sections 16, 17, and 23. The Nuclear Power Corporation of India (NPCIL) was created in 1987 to design, build, and operate nuclear reactors. The Central Government is vested with broad authority under Section 22 to develop national policy, coordinate with electricity boards, and generate electricity from atomic energy. The judgment recites India's nuclear energy history, with 20 operating reactors and more under construction, and emphasizes that nuclear power is a clean, safe, and reliable energy source vital for economic growth. The Kudankulam plant, consisting of two VVER-1000 reactors built with Russian cooperation, is the latest addition. The surrounding legal ecosystem includes numerous statutes like the Factories Act, Environment Protection Act, Water and Air Pollution Acts, and various Atomic Energy Rules. The text does not proceed to the arguments, specific legal issues, or the court's final decision, but it establishes the comprehensive policy and regulatory backdrop against which the challenge to the plant must be evaluated.
Issue of Consideration
Case Details
2013 LawText (SC) (05) 84
Civil Appeal No. 4440 of 2013 (Arising out of S.L.P. (C) No.27335 of 2012) with Civil Appeal Nos. 4441, 4442, 4443 of 2013
Union of India and others
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Nature of Litigation
Challenge to the establishment and commissioning of the Kudankulam Nuclear Power Plant in Tamil Nadu, involving issues of safety, environmental impact, and public apprehension.
Filing Reason
Widespread fear and emotional reaction among local residents due to memories of past nuclear disasters (Three Mile Island, Chernobyl, Fukushima) and concerns about ionizing radiation effects.
Judgment Excerpts
We are in these appeals concerned with an issue of considerable national and international importance, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of India, at Kudankulam in the State of Tamil Nadu.
The Central Government, as per the Act, is legally obliged to develop a sound and adequate national policy in regard to atomic power and to coordinate such policy with the Central Electricity Authority (CEA) and the State Electricity Boards (SEBs) constituted under the Act for the generation of electricity in pursuance of such policy and to operate atomic power stations in the manner determined by it in consultation with the Boards or Corporations concerned.
Acts & Sections
- Atomic Energy Act, 1962: 22, 27, 16, 17, 23
- Factories Act, 1948:
- Indian Electricity Act, 2003:
- Environment (Protection) Act, 1986:
- Water (Prevention and Control of Pollution) Act, 1974:
- Air (Prevention and Control Regulation) Act, 1981:
- Water (Prevention and Control of Pollution) Cess Act, 1977:
- Indian Explosives Act, 1884:
- Disaster Management Act, 2005:
- Atomic Energy (Radiation Protection) Rules, 2004:
- Atomic Energy (Factories) Rules, 1996:
- Atomic Energy (Working of Mines, Minerals and Handling of Prescribed Substances) Rules 1984:
- Atomic Energy (Safe Disposal of Radioactive Waste) Rules, 1987:
- Atomic Energy (Control and Irradiation of Food) Rules, 1996:
