1

Right to test: Does India have the freedom to conduct a nuclear test in the future?

Yes. Under the 123 Agreement, India has neither given up its right to test nor agreed to sign the Comprehensive Test Ban Treaty, which prohibits all nuclear testing. To be sure, the US law demands a suspension of nuclear cooperation in the event of an Indian test.

The text of the 123 agreement (Article 14.2), however, offers immediate bilateral consultations in the event of an Indian test and commits the two sides “to take into account whether the circumstances that may lead to termination or cessation resulted from a party’s serious concern about a changed security environment or as a response to similar actions by other states which could impact national security”.

Put another way, India reserves the right to test if other countries do the same. The formulations of the 123 Agreement on India’s right to test are far superior to those of the NDA government, which had imposed a unilateral moratorium and agreed to bring the CTBT into force.

The BJP leader and NDA’s foreign minister Yashwant Sinha’s protestations are just too hypocritical.

2

Fuel supply assurances: Does India have credible assurances on uninterrupted fuel supply under all conditions?

Yes. After its bitter experience with the Tarapur nuclear power station, when Washington cut off fuel supplies after the 1974 test, New Delhi has insisted on getting iron-clad guarantees on fuel supplies. It has successfully got them written into the 123 Agreement.

... contd.