Section 35 of The Civil Liability for Nuclear Damage Act, 2010
Save as otherwise provided in section 46, no civil court (except the Supreme Court and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the Claims Commissioner or the Commission, as the case may be, is empowered to adjudicate under this Act and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Summary
- Regular civil courts do not have the power (jurisdiction) to handle any suit or proceeding that a Claims Commissioner or the Commission is authorized to decide.
- This exclusion is subject only to Section 46, which states that this Act is in addition to, and does not replace, other laws under which proceedings might be brought against an operator.
- The Supreme Court of India and High Courts (using their constitutional power to issue orders or supervise under Articles 226 and 227) are the only courts that retain jurisdiction.
- No court or other authority is allowed to issue an injunction (an order stopping action) against any steps taken under the powers of this Act.
Practical examples
FAQ
1. Are there any courts that can still hear cases or challenges related to these proceedings?
Yes, the Supreme Court of India and High Courts (under Articles 226 and 227 of the Constitution, which give them powers to protect constitutional rights and supervise other bodies) are exempted from this bar.
2. How does Section 46 affect the bar on civil courts under Section 35?
Section 46 keeps other legal remedies alive by stating that the Act is in addition to other laws, meaning an operator can still face separate proceedings under other existing laws, even if nuclear claims under this Act are restricted to the Commission or Claims Commissioner.
Test yourself
Q1.Under Section 35 of The Civil Liability for Nuclear Damage Act, 2010, which of the following courts is barred from entertaining nuclear damage compensation claims that the Claims Commissioner or Commission can decide?
Q2.Under Section 35 of The Civil Liability for Nuclear Damage Act, 2010, what kind of order is a court or other authority strictly forbidden from granting against actions taken under the Act?
Q3.How do Section 35 and Section 46 of The Civil Liability for Nuclear Damage Act, 2010, interact regarding proceedings against an operator?
Q4.Under Section 35 of The Civil Liability for Nuclear Damage Act, 2010, what constitutional articles protect the High Court's powers from being excluded?