Model Answer
0 min readIntroduction
The India-US Civil Nuclear Agreement, popularly known as the 123 Agreement (referencing Section 123 of the US Atomic Energy Act), aimed to facilitate civilian nuclear cooperation between the two countries. Signed in 2008, it was a landmark agreement that ended three decades of nuclear apartheid. However, its path to implementation was fraught with political challenges, particularly within the Indian Parliament. The Indian Parliament’s role wasn’t merely a formality; it involved intense scrutiny, debates, and ultimately, approval that shaped the final form of the agreement and its domestic legal framework. This answer will explain the multifaceted role played by the Indian Parliament in shaping the 123 Agreement.
Background and Constitutional Framework
India’s treaty-making power is vested in the Executive (the President), but Article 253 of the Constitution stipulates that Parliament must enact legislation to implement international agreements. This means that while the Executive negotiates and signs treaties, their implementation requires parliamentary approval through legislation. The 123 Agreement, being a sensitive issue with implications for India’s nuclear policy, necessitated a robust parliamentary process.
The Parliamentary Process: Initial Stages
The agreement was first presented to Parliament in 2007. The initial response was largely critical, with opposition parties raising concerns about India’s nuclear sovereignty and the potential impact on its independent foreign policy. The Left parties, key allies of the UPA government at the time, vehemently opposed the agreement, viewing it as compromising India’s strategic autonomy. This opposition led to a political crisis and ultimately, the withdrawal of support from the UPA government, triggering a vote of confidence.
Vote of Confidence and Subsequent Debates
In July 2008, the UPA government faced a vote of confidence in Parliament. The government survived the vote, largely due to the support of Samajwadi Party and Rashtriya Lok Dal. Following this, the government reintroduced the agreement and the accompanying Nuclear Liability Bill. The debates in both Lok Sabha and Rajya Sabha were extensive, covering issues such as:
- Nuclear Sovereignty: Concerns were raised about potential restrictions on India’s nuclear weapons program.
- Liability Issues: The Nuclear Liability Bill, designed to address compensation in case of a nuclear accident, was a major point of contention.
- US Interference: Opposition parties feared undue influence from the US on India’s nuclear policy.
Amendments and the Nuclear Liability Bill
The Parliament made several amendments to the original draft of the Nuclear Liability Bill. These amendments were crucial in addressing the concerns raised by various political parties. Key amendments included:
- Increased Liability Cap: The liability cap for nuclear accidents was increased to address concerns about adequate compensation.
- Operator’s Liability: The operator of the nuclear plant was made primarily liable for accidents, with the government providing financial assistance.
- Right of Recourse: Provisions were included allowing victims to seek recourse through the Indian legal system.
These amendments reflected the Parliament’s assertion of its role in shaping the legal framework for nuclear cooperation, ensuring that India’s interests were protected.
Approval and Implementation
After extensive debates and amendments, both houses of Parliament approved the 123 Agreement and the Nuclear Liability Bill in September 2008. This approval paved the way for the operationalization of the agreement. The implementation of the agreement involved the establishment of safeguards by the International Atomic Energy Agency (IAEA) and the commencement of civilian nuclear cooperation between India and the US.
Role of Parliamentary Committees
The Standing Committee on External Affairs played a significant role in scrutinizing the agreement and providing recommendations to the government. The committee held several meetings, heard testimonies from experts, and submitted a detailed report highlighting the potential benefits and risks of the agreement. This committee’s report informed the parliamentary debates and helped shape the final outcome.
Conclusion
The Indian Parliament’s role in shaping the 123 Agreement was pivotal. It wasn’t merely a rubber stamp but an active participant in the process, scrutinizing the agreement, raising concerns, and demanding amendments to protect India’s interests. The debates and amendments reflected the Parliament’s commitment to upholding India’s nuclear sovereignty and ensuring a responsible approach to nuclear cooperation. The 123 Agreement stands as a testament to the strength of India’s parliamentary democracy and its ability to navigate complex international negotiations while safeguarding national interests.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.