The Department of Atomic Energy has released draft rules under the SHANTI Act introducing graded liability caps for nuclear operators, ranging from ₹100 crore to ₹3,000 crore based on reactor size, with a mandatory 5-year review by an expert group. This replaces the earlier flat ₹1,500 crore cap under the CLNDA 2010 and aims to attract private and foreign investment by diluting supplier liability. The Supreme Court is currently examining the adequacy of these caps and the Act's impact on compensation rights.
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- ›Operator Liability Caps: >3600 MWe: ₹3,000 Cr; 1500-3600 MWe: ₹1,500 Cr; 750-1500 MWe: ₹750 Cr; 150-750 MWe: ₹300 Cr; ≤150 MWe: ₹100 Cr
- ›Review Period: Every 5 years
- ›Target this Data: Graded liability caps: ₹100 Cr (≤150 MWe), ₹300 Cr (150-750 MWe), ₹750 Cr (750-1500 MWe), ₹1,500 Cr (1500-3600 MWe), ₹3,000 Cr (>3600 MWe).
- ›Target this Nodal Body: Department of Atomic Energy (DAE) – not Ministry of Power or Ministry of Environment.
- ›Target this Legal Point: SHANTI Act replaces CLNDA 2010; removal of Section 17(b) (supplier liability for defects) – differs from CLNDA's right of recourse.
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