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
Date Written: July 5, 2010
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: Suggested Citation