The Constitutional Paradox of Nuclear Energy: Article 21, Climate Justice and Nuclear Safety in India

India has been increasing or promoting the nuclear energy as one of the low carbon and reliable source of electricity in order to understand the growing energy demands and climate change challenges. The nuclear energy mechanism that was pounced in the year 2025 emphasis that growing progress of nuclear capacity by 100GW by the year 2047, however this also draws a concern related to safety, public health, environmental protection and long – term risks. This highlights the constitutional tension that arises in the constitutional provision namely article 21 which talks about right to life has later has been expanded to environmental protection as well. this current research analysis if nuclear energy can contribute to climate mitigation while remaining consistent with the constitutional obligations to protect right to health and environment. it argues for reconciling nuclear energy with strong accountability and environment safeguards. This study also examines sustainable development, climate change and precauitory principle and India’s nuclear frame work.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-03
DOI
https://doi.org/10.5281/zenodo.23923330
Primary Topic
Environmental law and policy
Type
article
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article

The Constitutional Paradox of Nuclear Energy: Article 21, Climate Justice and Nuclear Safety in India

Varshitha R
Zenodo (CERN European Organization for Nuclear Research)
Environmental law and policy
article

The Constitutional Paradox of Nuclear Energy: Article 21, Climate Justice and Nuclear Safety in India

Varshitha R
article en

Abstract

India has been increasing or promoting the nuclear energy as one of the low carbon and reliable source of electricity in order to understand the growing energy demands and climate change challenges. The nuclear energy mechanism that was pounced in the year 2025 emphasis that growing progress of nuclear capacity by 100GW by the year 2047, however this also draws a concern related to safety, public health, environmental protection and long – term risks. This highlights the constitutional tension that arises in the constitutional provision namely article 21 which talks about right to life has later has been expanded to environmental protection as well. this current research analysis if nuclear energy can contribute to climate mitigation while remaining consistent with the constitutional obligations to protect right to health and environment. it argues for reconciling nuclear energy with strong accountability and environment safeguards. This study also examines sustainable development, climate change and precauitory principle and India’s nuclear frame work.

Zenodo (CERN European Organization for Nuclear Research)
Christ University (IN)
Openalex Percentile: Top 5%
Environmental law and policy
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The Constitutional Paradox of Nuclear Energy: Article 21, Climate Justice and Nuclear Safety in India — Varshitha R · Zenodo (CERN European Organization for Nuclear Research) (2026) | TGRS Research Map | TGRS