3. The third argument of Mr Shourie is that unlike the 123 Agreement with China, the US can invoke the provisions of its internal laws as a justification for its failure to perform under the treaty. This again is misleading. The 123 Agreement represents the entire understanding between the parties including all rights and obligations. In the event of any failure by either party not to comply with the terms of this Agreement, the consequences are set out in this Agreement itself. In other words, no party need invoke any provision of any internal law to seek a termination and cessation of cooperation for all that is set out in Article 14. There can be no conflict between the national laws of US and the 123 Agreement because this 123 Agreement has to be ultimately approved by Congress, i.e., the Senate and the House of Representatives and will be an Agreement under section 123 of the Atomic Energy Act of 1954. This Agreement, if it is approved by Congress in its present form, will override all other rights and duties under the respective national laws of India and the US, except that those will apply for the implementation of the 123 Agreement. Under US law, a treaty obligation if approved by Congress becomes the Supreme Law.

4. The fourth argument of Mr Shourie is that the PM has not lived up to his assurance about the strategic reserves on which we could fall back in the event of disruption of market supplies. This again is unfounded. Article 5(6) of the 123 Agreement conveys the US’s commitment to reliable supply of fuel to India consistent with the July 18, 2005 joint statement, which stipulates assured and full access to fuel our nuclear reactors under Safeguards. The US under the said Article is committed to seeking agreement with the US Congress to amend its domestic laws and work with friends and allies and to adjust practices of the Nuclear Suppliers Group to create the necessary conditions for India to obtain access to the international fuel market including reliable, uninterrupted and continual access to fuel supplies from entities in member states who are part of the Nuclear Suppliers Group (NSG). In fact, the 123 Agreement commits the US to assure continuous uninterrupted access to fuel supplies from any source anywhere available. Further, under article 5(6)(b):

... contd.