A Briefing Document on the Civil Liability for Nuclear Damage Bill, 2010: Questions of Constitutionality and Legislative Options Open to Parliament

72 Pages Posted: 21 Jul 2010

See all articles by Arghya Sengupta

Arghya Sengupta

University of Oxford

Prashant Reddy

Independent

Sanhita Ambast

Fletcher School of Law and Diplomacy

Shivprasad Swaminathan

affiliation not provided to SSRN

Date Written: July 5, 2010

Abstract

The Civil Liability for Nuclear Damages Bill, 2010 (hereinafter “the Bill”) introduced in the Lok Sabha, Parliament of India, on 7th May, 2010 is a complex piece of parliamentary legislation. While there has been a vibrant public debate surrounding a few aspects of this Bill, in this Report we seek to provide a more comprehensive and reasoned legal analysis of this Bill and its implications. The touchstone on which we seek to test this Bill is the Constitution of India. Our conclusions, the reasons supporting which are provided in this report, indicate a range of further actions the government could take. Some provisions are salutary and require little in the way of amendment, others may be struck down for being contrary to the constitutional provisions as interpreted by the Supreme Court and require modification. Yet others, albeit not unconstitutional, are deeply problematic given the ambiguity of the draft text and necessitate clarification.

Keywords: Constitution, Nuclear Liability Bill

JEL Classification: K00

Suggested Citation

Sengupta, Arghya and Reddy, Prashant and Ambast, Sanhita and Swaminathan, Shivprasad, A Briefing Document on the Civil Liability for Nuclear Damage Bill, 2010: Questions of Constitutionality and Legislative Options Open to Parliament (July 5, 2010). Available at SSRN: https://ssrn.com/abstract=1645110 or http://dx.doi.org/10.2139/ssrn.1645110

Arghya Sengupta

University of Oxford ( email )

Balliol College
Broad Street
Oxford, Oxfordshire OX13BJ
United Kingdom

Prashant Reddy (Contact Author)

Independent ( email )

No Address Available

Sanhita Ambast

Fletcher School of Law and Diplomacy ( email )

Medford, MA 02155

Shivprasad Swaminathan

affiliation not provided to SSRN

Register to save articles to
your library

Register

Paper statistics

Downloads
357
Abstract Views
1,622
rank
83,129
PlumX Metrics