Neither the Indo-US deal nor the proposed NSG waiver binds India in a multilateral commitment not to test. India will continue to have its sovereign right to test.
Article 14 of the 123 Agreement lays down the procedure for cessation of cooperation in case India carries out a test. It will not be automatic but will involve consultations and consideration whether the Indian test was due to changed security environment or similar action by other powers.
Therefore, there is an implied acceptance that there may be circumstances in which India may be justified to test. This is the only international treaty that recognises contingent possibilities of India testing.
The US document makes it clear that the US will cease all supply of fuel in case of a test. The opponents to the deal point out that this will come in the way of India having assured fuel supplies. Surely, India will not think of testing without building up a strategic fuel reserve.
The strategic fuel reserve will not necessarily be built on US supplies only. Once the NSG waiver is obtained, India will be in a position to enter into commerce with other countries which are in a position to supply fuel.
It is highlighted that the State Department document points out that the US administration is bound by the Hyde Act. It will be bound by the Hyde Act till the Congress approves the 123 Agreement which will supercede the provisions of the Act as it is an international treaty and also it is passed later.
The US Supreme court has held that international treaties override local laws. It is also a well known principle in law that if there is a contradiction between an earlier and later laws, the later law will prevail. So when the US Congress passes the 123 Agreement that will supercede the Hyde Act
The third issue is the assertion in the State Department replies that the US has no plans to transfer to India sophisticated enrichment and reprocessing technologies. The US does not transfer such technologies to any country in the world, including its closest allies.
But the 123 Agreement leaves a possibility of a future amendment for the purpose. However, India hopes that with the NSG waiver, the country will be able to get such technologies from other nuclear powers.
The US, Russia and the UK are the framers of the Non-Proliferation Treaty and founders of the London Suppliers Club, the predecessor of the NSG. Today those powers are moving to incorporate India in the non-proliferation regime to make it near universal leaving only Pakistan out of it.
All but three nations of the world are members of the NPT. The three stay-outs are Israel, India and Pakistan. Israel is not interested in civil nuclear commerce. Pakistan, as President Gerorge W. Bush pointed out, has a different history as a proliferator.
India is a country with advanced nuclear technology and has an impeccable non-proliferation record. Therefore, the major nuclear powers are interested in making India a stakeholder in the near universal non-proliferation regime, though they cannot admit India as a weapon power in the NPT without amending the Treaty. They are afraid of amending the Treaty lest the whole treaty should unravel. Therefore, this device of unique waiver for India!
The Left as well as those still conditioned by the Cold War are unable to come to terms with the radical changes in the international system. They are still looking upon India as a victim of US pressure and strategic manipulation.
In today's world, India has considerable leverage and it is respected in the international community.