India US 123 Agreement

A lot has been said both for and against about the 123 Agreement between the 2 largest democracies of the world, Republic of India and the Republic of United States of America. Before going through what I have written here I would suggest you to read the 123 Agreement between these two nations. Here is the link to this agreement in detail http://www.scoop.co.nz/stories/WO0708/S00120.htm.
What India gains out of this Agreement?

1. It will bring India out of the three decades of Technology Apartheid imposed on it.
2. it will enable India achieve the 'Energy Security' that it so desperately requires in order to maintain the burgeoning economic growth that it is witnessing.
3. It will help India reduce dependence on Fossil fuels and thereby reduce pollution.
4. India gains the recognition of a 'DE-FACTO NUCLEAR WEAPON STATE' without having to sign the NPT.
5. India can access all sorts of technologies ranging from Space to Medicine thereby improving its space and defence program.

What the US gains out of this Agreement?

1. The agreement will help US and India to cement more closer 'Strategic Partners' in Asia which it would like to see.
2. The US nuclear industry will be at a big gain and will be vying for contracts in the Indian Nuclear energy market which is worth US $100 billion.
3. It will help American goals to help India reduce dependence on fossil fuels and thereby bring the prices down.

Objections to the 123 Agreement

1. Nuclear testing

Critics have argued that India has surrendered the right to Nuclear testing implicitly or explicitly.Now let me share with you some points

• The 123 Agreement does not prohibit India from testing either implicitly or explicitly. The US officials have publicly said that India has the sovereign right to test nuclear weapons.
• We have a voluntary moratorium in place . The previous NDA government had explicitly declared the voluntary moratorium only after they discussed with the scientists who gave the go-ahead that the data collected after conducting Pokhran-II is sufficient that India need not conduct full testing in future and can conduct only sub-critical or lab tests which will not violate any agreement.

2.Permanent Fuel Supplies

Critics have argued that the nuclear testing will cut off fuel supplies in the event of termination of 123 agreement. This is false based on the following points:

• Articles 5.6(a),5.6(b) and 5.6(c) in the 123 agreement explicitly states that the United States is committed in ensuring a permanent and uninterruped supply of fuel. The agreement goes far enough to identify who are the alternative suppliers(Russia and France) in case the US cuts off its supplies. Article 5.6(c) explicitly states that India has the right to corrective measures.
• Also before the termination of the 123 agreement the US has committed to India in ensuring uninterrupted operation of the reactors. Article 14.5 in the 123 agreement describes the commitment.

So the 123 agreement assures India of permanent fuel supplies even if India conducts a nuclear test.

3. 123 agreement overriding HYDE act.

The critics have said that the Hyde Act will override the 123 agreement and India has to abide by the US in terms of foreign policy and thereby surrendering its sovereignty. But the reality is Article VI of US Constitution states that " All Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land". Which means that once the 123 agreement is ratified by the US Congress it becomes a law thereby overriding all previous laws that were present. Also there is nothing in the 123 agreement that forces India to adopt a foreign policy which is congruent to US policy vis-a-vis Iran. Infact the PM asserted during his speech to the Parliament on August 13th 2007 that India shall retain "Strategic Autonomy" in foreign policy.

4. India's military program and 3-stage nuclear program.

Critics have argued that this agreement will cap and eventually rollback India's mititary program.Article 2.4 of 123 agreement explicitly states that "Agreement shall be implemented in a manner so as to not to hinder or otherwise interfere with any other activities involved with the use of nuclear material, non-nuclear material, equipment, components, information or technology and military facilities produced, acquired or developed by them independent of this Agreement for their own purposes". So India is free to pursue its military R&D.

Also 123 agreement explicitly states that America shall respect India's nuclear program therefore protecting India's 3-stage nuclear energy program.

5.Summary

India has got the best possible deal with the United States and therefore they should not waste this opportunity and grab this opportunity with both hands and therefore come out of the nuclear apartheid which the same country subjected it to.