Page 373 - SSB Interview: The Complete Guide, Second Edition

Rice, on October 10.

Overview of the Act

The Henry J Hyde United States-India Peaceful Atomic Energy Cooperation
Act of 2006, also known as the Hyde Act, is the US domestic law that
modifies the requirements of Section 123 of the US Atomic Energy Act to

permit nuclear cooperation with India and in particular, to negotiate a 123
Agreement to operationalise the 2005 Joint Statement. As a domestic US law,
the Hyde Act is binding on the United States. The Hyde Act cannot be

binding on India’s sovereign decisions although it can be construed as
prescriptive for future US reactions. As per the Vienna Convention, an
international treaty such as the 123 Agreement cannot be superseded by an

internal law such as the Hyde Act.

The 123 Agreement defines the terms and conditions for bilateral civilian
nuclear cooperation and requires separate approvals by the US Congress and

by Indian cabinet ministers. According to the Nuclear Power Corporation of
India, the agreement will help India meet its goal of adding 25,000 MW of
nuclear power capacity through imports of nuclear reactors and fuel by 2020.

After the terms of the 123 Agreement were concluded on 27 July 2007, it
ran into trouble because of stiff opposition in India from the Communist
allies of the ruling United Progressive Alliance. The government survived a

confidence vote in the Parliament on 22 July 2008 by 275–256 votes in the
backdrop of defections by some parties. The deal also had faced opposition
from non-proliferation activists, anti-nuclear organisations and some states

within the NSG. In February 2008, then US Secretary of State Condoleezza
Rice said that any agreement would be “consistent with the obligations of the
Hyde Act”. The bill was signed on 8 October 2008.

Rationale behind the Agreement

Nuclear non-proliferation