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The ‘non-binding’ myth

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  • Arun Shourie

    We are thus left with affirmations proffered in private. Even a fool will see that to rest our country’s security on these private statements will be a reckless act of faith. But assume, for a moment, that you can believe these averments in the case of this Administration. What guarantee is there that the next Administration — and that is just a year away — will have the same view about disregarding the clear enunciations and provisions of the Act passed by Congress?

    In any case, even this Administration has not shown the slightest discomfort with the contents of the Act as it has been passed. In its dispatch of December 13, 2006, rediff.com quotes Nicholas Burns as saying, “The Congress did make a number of adjustments that we think deal in large part with some of the objections that India had registered and we are very grateful to the Congress for the leadership. I called Congressman (Tom) Lantos yesterday and I thanked him for the leadership Congress had given.” “We are contacting all the members of the committees who voted to thank them for their support.” Does that indicate any reservations? Any willingness to defy the Congress?

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    Moreover, my educator said, we believe that India will not go in for a test unprovoked. If some significant event occurs in the neighbourhood — for instance, if China or Pakistan tests some new generation of atomic weapons — whichever Administration is in office in the US will understand and have a very different response than was the case in 1998. This argument entails not one but five acts of faith. What event will compel us to test? Who will be in office in the US? How will he respond? What will his weight be vis a vis the Congress at that juncture? Will he be willing to pick a fight with the Congress over India at that moment?

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