New Delhi, Aug. 18 -- The Supreme Court on Monday asked the Centre to clarify if the cap on compensation in case of a nuclear tragedy under the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act 2025 will prevent constitutional courts from fixing higher amounts as part of "fair and just" compensation. Issuing notice on a petition filed by a group of public spirited persons challenging the validity of the SHANTI Act for capping liability of operators and nuclear suppliers, a bench headed by Chief Justice of India (CJI) Surya Kant made it clear that the response is sought only on two issues - whether the cap on compensation operates against constitutional courts and allegations of conflict of interest in making appointments to the Atomic Energy Regulatory Board (AERB). "We issue notice to the Centre to clarify that irrespective of the provisions of the Act, nothing will deter constitutional courts from providing fair and just compensation," said the bench, also comprising justices Joymalya Bagchi and V Mohana. The court was hearing a public interest litigation filed by retired bureaucrat EAS Sarma and others which claimed that the decision to cap liability of private players in the event of a nuclear tragedy will encourage project proponents to cut corners on safety thereby endangering human lives. The petition raised serious concerns over the provisions of the SHANTI Act capping a private operator's liability as low as Rs.100 crores and even the government's liability to share the residual burden of liability to the extent of USD 300 million (approximately Rs.3,000 crore). The court was of the prima facie view that despite the cap under the Act, constitutional courts will be at liberty to assess compensation as such a power is independent of the Act. It even told the petitioners, "Why do you have this apprehension? The Parliament has fixed liability of project proponents which is a step to incentivise them. The Central government also owes liability under the Act. Where is the restraint on constitutional courts from granting compensation."...