Nuclear energy safety, regulatory independence, and judicial deference: the case of the Atomic Energy Regulatory Board of India

Abstract

Research examining regulatory independence has either suggested de jure independence to be a predictor of de facto independence or suggested that the presence of de jure may not always indicate de facto independence. We study the Indian Atomic Energy Regulatory Board (AERB) to emphasize how AERB has enjoyed de facto independence, even in the absence of de jure independence. Using “judicial deference” principle, and through a mapping of substantive court cases, the article demonstrates Indian judiciary has consistently applied deference to AERB’s decision-making process, thereby showing confidence in the nuclear regulatory regime sustained as its inception.