Keeping The Lights On Safely Without Overreach

The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (act) is an important step in supporting India’s nuclear energy ambitions and AI-enabled nuclear technologies. It provides administrative sanctions as well as criminal prosecution. However, extensive executive discretion and the reversal of evidentiary burdens raise worries about proportionality, procedural fairness and regulatory overreach.

The act gives the government and the Atomic Energy Regulatory Board wide regulatory powers. Section 24 allows the board to set standards of safety, inspection and enforcement.

The government retains overarching policy and emergency powers. Chapter V permits extensive inspection, search, seizure and suspension based on reasonable belief of non-compliance or a risk to safety. Objections to pre-enforcement actions are thus limited.