ORDER :

1. The petitioner, who is a Physicist and an Indian citizen residing in the US, seeks a license for his technology which he states is designed to trigger nuclear fission for clean energy production minimizing radioactive waste as compared to traditional fusion reactors.

2. The grievance of the petitioner is that the provisions of the Atomic Energy Act 1962¹[“1962 Act”] unduly restrict the involvement of private entities in licensing for nuclear power.

3. Section 14 of the 1962 Act, insofar as it is relevant, is in the following terms:

“(1) The Central Government may, subject to such rules as may be made in this behalf, by order prohibit except under a licence granted by it--

(i) the working of any mine or minerals specified in the order, being a mine or minerals from which in the opinion of the Central Government any of the prescribed substances can be obtained;

(ii) the acquisition, production, possession, use, disposal, export or import

(a) of any of the prescribed substances; or

(b) of any minerals or other substances specified in the rules, from which in the opinion of the Central Government any of the prescribed substances can be obtained; or

(c) of any plant designed or adopte