The Supreme Court of India dismissed a plea on Tuesday from Sandeep TS, a US-based physicist, challenging a legal provision that restricts private entities from obtaining licenses to deal with nuclear materials. The law in question is section 14 of the Atomic Energy Act, which aims to prevent the potential misuse of nuclear substances, including their use in manufacturing bombs.
The bench, led by Chief Justice D Y Chandrachud along with Justices JB Pardiwala and Manoj Misra, ruled that the prohibition on licensing atomic energy to private parties is a necessary policy decision to safeguard national and global security. The justices emphasized that such policy matters are beyond the scope of judicial intervention.
Chief Justice Chandrachud highlighted the inherent dangers associated with nuclear materials, stating, “It 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 had argued that despite the restrictions, private firms have been allowed to participate in nuclear power projects. However, the bench found no fault with the executive’s reasoning for the inclusion of this provision in the legislation, noting that the potential for misuse and nuclear mishaps justified the legal restrictions.
The court concluded that the challenged provision of the Atomic Energy Act was not “manifestly arbitrary” as the plea had suggested, thereby upholding the stringent controls over the production and use of atomic energy by the Central Government.
