Shaffique, J.

This public interest litigation is filed challenging the constitutional validity of Sections 3(1), 4(2) and proviso, 4(4), 5, 6, 9(2), 15(2),16(5), 18(b), 19, 20, 32(10), 35 and 38(1) of the Civil Liability for Nuclear Damage Act, 2010 (hereinafter referred as the Act).

2. Petitioners submit that the provisions aforementioned are ultra vires the Constitution of India as the same interfere with the right to life of the citizens guaranteed under Article 21 of the Constitution, violative of Article 14, being arbitrary and unreasonable and the provisions vest with the authorities unbridled powers without appropriate checks and balances.

3. It is contended that by virtue of Section 3(1) of the Act the duty of notifying a nuclear incident under the Act is vested with the third respondent, the Academic Energy Regulatory Board (hereinafter referred to as the 'Board') which is constituted under the Atomic Energy Act, 1962. It is contended that the Board being the sole regulator and enforcement agency for the use of atomic energy in India and the agency for giving consent for siting, construction, commissioning, operation and the decommissioning of nuclear and radiation fa