(Part III of IV)
Note: Sorry, the 200-word limit rule has been violated.
What is this Hyde Act?
123 Agreement is an agreement reached between the two governments, namely the Indian and the US. As per the US constitution, a legal basis is required for such an agreement. The Hyde Act (earlier known as The United States-India Peaceful Atomic Energy Cooperation Act of 2006) provides the legal framework for the 123 Agreement.
(Note: Hyde Act is named after the Illinois Congressman and Chairman of the Committee on International Relations, Henry J. Hyde)
The Hyde Act envisages (Section-109) India to jointly participate with the U.S. in a programme involving the U.S. National Nuclear Security Administration to further nuclear non-proliferation goals. The president of the United States is required to annually report to the congress whether India is fully and actively participating with the US and international efforts in nuclear energy.
It is said that this Act authorises the US administration to take action against India if the latter continues its co-operation with Iran, particulalry in the area of natural gas supplies to India.
Hyde Act is not an agreement with India but a legislation within the US. However, some maintain that the US can go back on the
123 Agreement taking recourse to the Hyde Act. Well, I do not know. Article 2.1 of the 123 Agreement says: `The parties shall co-operate……..in accordance with its respective applicable treaties, national laws…’ . The question is: `whose national law applicable on whom?’ US national laws applicable on India or Indian laws applicable in India or Indian law applicable on the US or US laws applicable in the US?
Legislation in India
While the US constitution requires
- an act (like Hyde Act) to provide a legal framework to the agreements that the US may sign with other countries
- an agreement like 123 Agreement to be ratified by their legislature,
no such stipulation exists in India. The government of India can enter into any agreement with other countries, there is no need to get them ratified in the Indian parliament. Approval by the Central Cabinet is essential, though.
There is now a demand from some quarters to amend the Indian constitution to say that all such treaties must be ratified by the parliament before they become operational.
More on the subject in the next issue of Penumbra.
Gopal
…..keying in is better than idling