PARLIAMENT QUESTION: IMPLEMENTATION OF SHANTI ACT

1. At a Glance

• SHANTI Act = Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025; received Presidential assent on 20 December 2025 and was Gazette Notified [1][3].
• Consolidates and repeals the Atomic Energy Act, 1962 and Civil Liability for Nuclear Damage (CLND) Act, 2010, ushering in private sector participation in India's nuclear power sector [2][3].
• Grants statutory status to the Atomic Energy Regulatory Board (AERB); administered by the Department of Atomic Energy (DAE) under the PMO [1][2].
• Critical for UPSC: marks the biggest reform in India's civilian nuclear regime since 1962; intersects energy security, climate transition, and India–US 123 Agreement legacy.

2. Why in the News

• 12 February 2026 Parliament Question (DAE) clarified that while the Act is notified, timelines for Rules, Regulations and Policies have NOT yet been notified by the Government [1].
• The Act empowers the Centre to set up Directorates, Wings and Divisions for enforcement of safety, security, safeguards, inter-agency coordination during radiation emergencies, and accountability of licensees [1].

3. Background & Evolution

• 1948: First Atomic Energy Act — Bhabha era nucleus of nuclear programme [2].
• 1962: Atomic Energy Act enacted; State monopoly on nuclear power [2].
• 1983: AERB constituted by executive order under the 1962 Act (no statutory base) [2].
• 2010: CLND Act introduced no-fault operator liability post-Indo-US 123 Agreement [2].
• 2025: SHANTI Bill passed by Lok Sabha and Rajya Sabha in December 2025; Presidential assent 20 December 2025 [3][1].

4. Core Static Facts

• Full name: Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 [2].
• Parent ministry: Department of Atomic Energy (DAE), under the Prime Minister's Office [1].
• Regulator: AERB granted statutory status under the SHANTI Act [2].
• Repealed laws: Atomic Energy Act, 1962 + CLND Act, 2010 (consolidated) [2].
• Private sector role: Plant operations, power generation, equipment manufacturing, uranium-235 conversion/refining/enrichment up to prescribed threshold, fuel fabrication, and processing/disposal of prescribed substances [2].
• Liability: Graded liability framework; operator liability limits detailed in the Second Schedule, varying by type of nuclear installation [2].
• Non-power applications: Health care, agriculture, industry, research, peaceful applications brought under regulatory framework [2].

5. Multi-Dimensional Analysis

Economic

• Opens nuclear sector to private capital — critical for India's 100 GW nuclear capacity by 2047 ambition [2].
• Equipment manufacturing liberalised, expected to attract domestic and FDI participation [2].

Legal / Constitutional

• Atomic Energy = Union List Entry 6. SHANTI Act is a Union law passed by Parliament [3].
• Converts AERB from an executive body (1983 notification) into a statutory regulator, fixing a long-standing CAG/IAEA critique on independence [2].
• Graded liability under Second Schedule replaces uniform CLND liability cap [2].

Scientific / Technological

• Permits private fabrication, conversion, refining and enrichment of U-235 up to a prescribed threshold — major shift from State monopoly [2].
• Regulatory cover extended to radiation tech in medicine, agriculture, industry [2].

Administrative

• Central Government empowered to establish Directorates, Wings, Divisions for enforcement, safeguards, inter-agency coordination during radiation emergencies, accountability fixation [1].
• Implementation gap: Rules/Regulations/Policies not yet notified as of Feb 2026 [1].

Geopolitical / Strategic

• Aligns India closer to international nuclear safety/liability norms (CSC-style); facilitates foreign reactor vendor entry (US, France, Russia) earlier blocked by CLND's supplier-liability clause [2].

6. Recent Developments (last 12–18 months)

• December 2025: SHANTI Bill passed by Lok Sabha and Rajya Sabha [3].
• 20 December 2025: Presidential assent; Gazette Notification issued [1].
• 12 February 2026: DAE Parliament reply — Rules/Regulations not yet notified; framework for Directorates pending [1].

7. Prelims Hooks

• SHANTI = Sustainable Harnessing and Advancement of Nuclear energy for Transforming India [2].
• Presidential assent date: 20 December 2025 [1].
• Administered by Department of Atomic Energy — under the PMO, not MoP or MNRE [1].
• Repeals Atomic Energy Act 1962 and CLND Act 2010 [2].
• Gives statutory status to AERB (which was earlier only an executive body since 1983) [2].
• Permits private firms in uranium-235 enrichment up to a prescribed threshold [2].
• Liability limits placed in the Second Schedule of the Act with a graded structure [2].
• Covers non-power uses: healthcare, agriculture, industry, research [2].
• As of Feb 2026, no implementation timeline notified for Rules/Regulations [1].
• Centre empowered to create Directorates, Wings and Divisions for safety/safeguards/emergency coordination [1].
• Atomic Energy is Union List, Entry 6 (Seventh Schedule).

8. Mains Relevance

• GS-II: Statutory bodies — AERB's elevation; Parliament & legislation.
• GS-III: Energy security, infrastructure, science & tech, nuclear policy, environment (clean energy transition).
• Possible question stems: 1. "The SHANTI Act, 2025 marks a paradigm shift in India's civilian nuclear governance. Discuss its key features and the challenges in operationalising it." (GS-III) 2. "Compare the liability framework under the CLND Act, 2010 with the graded liability regime under the SHANTI Act, 2025." (GS-II/III) 3. "Granting statutory status to the AERB addresses long-standing concerns over regulatory independence. Examine." (GS-II)

9. Related Topics to Study Next

• CLND Act 2010 — supplier liability controversy; baseline for comparison [2].
• Indo-US 123 Agreement (2008) — geopolitical driver of nuclear opening.
• Atomic Energy Act 1962 — repealed predecessor [2].
• NPCIL, BHAVINI, NTPC nuclear JV — operating entities affected.
• Small Modular Reactors (SMRs) — Budget 2024-25 Bharat SMR mission.
• IAEA Safeguards & Additional Protocol — international alignment.
• CAG report on AERB independence (2012) — rationale for statutory status.
• Net-Zero 2070 / India's energy mix — nuclear role.

10. Common Errors / Trap Areas

• SHANTI Act is under DAE/PMO, NOT Ministry of Power or MNRE.
• AERB existed since 1983 (executive); SHANTI Act 2025 gave it statutory status — don't confuse the years.
• Act assented on 20 Dec 2025, but implementation Rules NOT yet notified (Feb 2026) — Act being notified ≠ operational.
• SHANTI Act repeals both the 1962 Atomic Energy Act and 2010 CLND Act — not just one.
• Private participation includes uranium enrichment only up to a prescribed threshold — not unrestricted.