In an effort to ensure that the nuclear deal does not crumble if India tests a nuclear device, both New Delhi and Washington have agreed to a one-year notice period before the agreement can be terminated. That year will be used for “consultations” to understand the security considerations behind such a decision — in other words, the US will factor in why India had to test.

While technically either side can choose to terminate the agreement, this provision particularly caters to fears that an India test can bring the curtains down on any ongoing cooperation under this agreement. Article 14.1 of the agreement jointly released today, states: “Either party shall have the right to terminate this agreement, prior to its expiration (40 years), on one year’s written notice to the other party.”

The notice will have to provide reasons for termination, which will then form the basis of consultation through a bilateral mechanism that will kick off soon after a notice is served.

The key portion for India is that consultations will consider the “relevant circumstances” leading to such a decision including “serious concern about a changed security environment or as a response to similar actions by other states which could impact national security.”

This, sources said, seeks to address domestic concerns over India’s options if either of its nuclear neighbours, Pakistan or China, were to detonate a device. With a year at hand to go through these consultations, both sides will have the opportunity to find ways to continue cooperation through this agreement instead of terminating it.

... contd.