India's nuclear regulatory framework suffers from a fundamental conflict of interest where the promoter and regulator of atomic energy are housed under the same authority. In light

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India's nuclear regulatory framework suffers from a fundamental conflict of interest where the promoter and regulator of atomic energy are housed under the same authority. In light of India's expanding nuclear ambitions, examine the need for an independent nuclear regulatory body.

Examine

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The Hindu

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Introduction

India’s nuclear sector is governed by the Atomic Energy Commission (AEC) and the Atomic Energy Regulatory Board (AERB), both functioning under the Department of Atomic Energy (DAE). This institutional overlap raises concerns of conflict of interest in regulation.

Conflict of Interest in the Present Framework

  • Dual Role of DAE DAE acts as both promoter and overseer of nuclear energy, compromising regulatory neutrality.
  • Limited Statutory Backing of AERB AERB derives authority from executive orders, not an independent statute, weakening enforcement powers.
  • Lack of Functional Autonomy Financial and administrative dependence on DAE restricts independent decision-making.

Need for an Independent Nuclear Regulatory Body

  • Ensuring Safety and Public Confidence Independent oversight enhances credibility, especially in post-Fukushima risk-sensitive environments.
  • Alignment with Global Best Practices Countries like the USA (NRC) and France have autonomous regulators, as recommended by the IAEA.
  • Handling Expansion of Nuclear Capacity India’s target of increasing nuclear power capacity necessitates robust and impartial safety regulation.
  • Transparency and Accountability Independent bodies are better placed to ensure disclosure, audits, and public engagement.
  • Separation of Powers Distinct roles for promotion and regulation reduce systemic risks and regulatory capture.

Challenges in Establishing Independence

  • Institutional Resistance Bureaucratic inertia within DAE may hinder reform.
  • Capacity Constraints Need for skilled manpower and technical expertise in a new regulator.
  • Legislative Delays The Nuclear Safety Regulatory Authority (NSRA) Bill has faced prolonged delays.

Conclusion

An independent nuclear regulator is essential to ensure safety, credibility, and sustainable expansion of India’s nuclear programme, aligning governance with global standards.