The Hindu : Front Page : India contests Bush’s stand on fuel supply

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Saturday, Sep 13, 2008
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India contests Bush’s stand on fuel supply

Sandeep Dikshit

Insists assurances in 123 pact legally binding

Rights, obligations clearly spelt out in 123 Agreement
Government will ensure that India’s rights are fully protected

NEW DELHI: India on Friday contested U.S. President George Bush’s statement that the American commitment on reliable supply of nuclear fuel was not legally binding.

Pointing out that the rights and obligations of both countries were clearly spelt out in the 123 Agreement, India maintained that once this inter-governmental pact entered into force, it would become a legal document in accordance with well-recognised principles of international law and the Law of Treaties. This implied that New Delhi believed that the political commitment for uninterrupted supply of fuel would then get translated into a legally binding commitment.

“In Article 5 (6), the Agreement records certain political commitments concerning reliable supply of nuclear fuel given to India.. [the] Agreement does not, however, transform these political commitments into legal binding commitments because the agreement, like other U.S. agreements of this type, is intended as a framework agreement,” said Mr. Bush’s statement.

The Foreign Office here said that in working with the U.S. for civilian nuclear cooperation India would be guided only by the 123 Agreement, in which it was given to understand that once inked by the leaders of two countries it would become a legal document.

“The text of the India-U.S. 123 Agreement has been agreed upon by the Governments of India and the United States. It is a public document. The rights and obligations of both India and the U.S. are clearly spelt out in the terms and provisions of the 123 Agreement. India-U.S. civil nuclear cooperation will be carried out on the basis of the respective rights and obligations of the two sides as contained in the Agreement. By doing so, the Government will ensure that India’s rights are fully protected,” said the Foreign Office statement.

“The Government of India does not comment on domestic political processes in the U.S. or other countries,” it added.

The government’s reaction came after The Hindu reported that the U.S. had diluted the fuel supply assurances contained in the 123 Agreement when Mr. Bush forwarded the text of the pact to the Congress.

India’s objection is to the covering note to the Agreement on the issue of fuel supply assurances. India feels that this issue is one of the crucial components of the commitments and obligations undertaken by both sides as part of the nuclear deal.

Foreign Office officials here believe that Mr. Bush’s observation in the covering letter is at variance with their understanding during the negotiations in the run-up to the separation plan,123 agreement, safeguards agreement with the International Atomic Energy Agency and the exemption by the Nuclear Suppliers Group.

They point out that India, on its part, committed itself to binding agreements like the safeguards. They also dispute the American understanding that the 123 Agreement should be treated as any other U.S. pact with other countries because it is only the Indian pact which contains references to fuel supply assurances.

Mr. Bush has invited Prime Minster Manmohan Singh to Washington on September 25 when both sides hope to sign the 123 Agreement, provided it has been approved by the U.S. Congress.

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