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Environmental LawResearch ArticleOPEN ACCESSPEER REVIEWED

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

Volume
3
Issue
1
Pages
1–14
Published
Nov 2026
DOI
0
0
0
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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 precautionary principle and India's nuclear frame work.

Authors
VR
Varshitha R
School of Law, Christ (Deemed to be University)
Keywords
Article 21Nuclear SafetyEnvironmental RightsSustainable DevelopmentPrecautionary PrincipleClimate Justice
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