By S A Ishaqui
Hyderabad, July 19: The Union finance minister, Mr P. Chidambaram, on Saturday called upon on the legal fraternity to "break its silence" on the Indo-US nuclear deal.
Hyderabad, July 19: The Union finance minister, Mr P. Chidambaram, on Saturday called upon on the legal fraternity to "break its silence" on the Indo-US nuclear deal.
While addressing the sixth annual convocation of Nalsar University of Law here, Mr Chidambaram expressed wonder at the silence of the institution on the issue and urged legal luminaries to join the debate and help citizens understand the legal aspects of the controversy.
"I thought I may use this opportunity to discuss objectively and dispassionately an issue that has occupied the centre-stage in the last few weeks," he said. There was need for a reasoned debate on the agreement and if it had taken place, answers to some of the issues would have been self-evident, while answers to other issues could have been found through the application of law and logic to the facts of the case, he said.
"I thought I may use this opportunity to discuss objectively and dispassionately an issue that has occupied the centre-stage in the last few weeks," he said. There was need for a reasoned debate on the agreement and if it had taken place, answers to some of the issues would have been self-evident, while answers to other issues could have been found through the application of law and logic to the facts of the case, he said.
The finance minister pointed out that "operationalisation" of the 123 agreement only meant that the parties should complete all prerequisites, exchange diplomatic notes and agree upon the date on which the agreement would come into force.
"Even after it comes into force, there is nothing automatic, and it would be necessary to enter into further agreements," the minister added.
"Even after it comes into force, there is nothing automatic, and it would be necessary to enter into further agreements," the minister added.
Mr Chidambaram stated that the Hyde Act 2006 (legislation on the India-US nuclear cooperation) is a domestic law and cannot bind India. Neither can it interfere with the implementation of the 123 Agreement which, when ratified by the US Congress, will be a bilateral treaty between two sovereign countries. "There should have been a thorough debate on the issues involved," he said. "Is it necessary for civil nuclear cooperation that India should enter into safeguards agreement with International Atomic Energy Agency? Is it necessary…to obtain waiver from the Nuclear Suppliers Group?"
"If these steps are completed, India would be able to enter into agreements for civil nuclear cooperation with other countries," he said.
"If these steps are completed, India would be able to enter into agreements for civil nuclear cooperation with other countries," he said.
Mr Chidambaram said that despite the enactment of numerous laws every year, the legal system did not show any strain except in the mounting arrears of cases. "But there is widespread and appalling legal illiteracy in the country, even among those who are obliged to be literate in order to discharge their functions," he said.
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