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‘Hyde Act cannot interfere with 123 Agreement implementation’

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New Delhi, Jul 22

The Finance Minister, Mr P. Chidambaram, has said in the Lok Sabha that the Hyde Act of the US does not bind India and cannot interfere with the implementation of the 123 agreement for civil nuclear cooperation between the two countries.

Putting a spirited defense of the Indo-US nuclear deal in his address during the debate on confidence motion on the second day, Mr Chidambaram said that the 123 agreement alone would delineate the rights and responsibilities of India and the US. He said that the 123 agreement had to be interpreted and implemented in accordance with principles of international law.

“Under Vienna convention of law of treaties, any party may not invoke provisions of internal law as justification for its failure to perform a treaty. The 123 agreement is a treaty. The Hyde Act is an internal law. You cannot invoke the Hyde Act in order to refuse the performance of the obligations of the treaty,” Mr Chidambaram said.

Once the US Congress ratifies the 123 agreement, the Finance Minister noted that it would be the “last expression” of the legislature on the subject and, therefore, would prevail over others previous laws.

On the legal status of the 123 agreement, Mr Chidambaram said that the 123 agreement had not yet entered into force and it would come into force after India and the US notify each other.

“India and US can notify each other after completing applicable requirements. The 123 agreement is an enabling agreement. Even after it enters into force, you will have to enter into further agreements for industrial and commercial cooperation in nuclear energy,” he said.

The Finance Minister also took a dig at the NDA and Left parties for coming together to vote against the confidence motion despite having diverse positions on the nuclear deal.

“The BJP and NDA seem to believe that nuclear isolation should end. But no one is clear about the Left parties. Yet the two groups are voting together. The NDA has no problem with the strategic relationship with the US. The Left parties have ideological opposition to it. Yet the two groups are voting together.

“The NDA says if it comes to power it will renegotiate the nuclear deal. The Left says it will do everything to scuttle the agreement forever. Yet they are coming together to vote against the motion.

“I don’t think in the history of Parliament there is anything more bizarre than two disparate groups voting together,” he said.

On China model

The Finance Minister also cited China’s stride in its nuclear programme since 1970 and came up with statistics to show how the giant neighbour was making progress.

However, the CPI (M) Member, Mr Rupchand Pal, interjected that India should not be compared with China. The Finance Minister responded that “there are some people in the country who do not want India to grow beyond and above China and do not want India to become a superpower”.

“I have no hesitation in saying that I do not envy China but I want to emulate China.... I want India to become an economic superpower,” he said, adding “we must aspire for greater heights.... We must emulate the best in the world.”

Meanwhile, on farm debt waiver and relief, Mr Chidambaram told Lok Sabha that the total amount of debt waiver and relief granted was Rs 66,477 crore. Over 3.64 crore farmers including 2.98 crore farmers have benefited from the debt waiver and relief programme.

Related Stories:
Ten misconceptions about the nuclear deal
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Having the deal and saving the Government

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