THE deal about the civil nuclear cooperation between the Governments of USA and Bharat, is still being hotly debated in our country. The left is vehemently opposing it, because they are anti-American. Had the deal been with Russia or China they would have certainly kept mum. I think we need not be so anti-American.
In the coming quarter of a century, I envisage a global war, between America and the Islamic forces. The extremist elements in the Muslim-world, are waiting for the availability of nuclear device of man destruction (WMD). As soon as they get it, they will start the war against the infidels, in which are included America, Europe and Bharat. This is not play of my imagination. I quote, Masood Azhar, one of the three terrorists released by the NDA Government for the lives of the passengers on board an Indian Airlines flight 814 that the Jehad terrorists had hijacked from Katmandu in Nepal. In his exhortation, as published in the magazine named al-Kalam, he says, ?My brothers, you have only one way to earn respect and dignity and restore your lost glory, which is jehad. Wake up, wake up my brothers, mothers, daughters and sisters. Wage jehad against the infidel US, wage jehad against the infidel Britain. Wage jehad against the infidel Israel. Wage jehad against infidel India.? (Quoted in the Hindu, dated October 20) Even the Muslim regimes that appear to be on the side of America are under great pressure form extremist group some of whom have acquired tremendous political clout, in almost all the countries, even in the comparatively liberal countries like Turkey and Egypt.
It is easy to understand, on whose aside we should be. I wonder whether USA understands this. It is in USA'sinterest that India becomes strong, both militarily and economically. USA, therefore, need not put constraints on Bharat'sstrategic nuclear research and development programmes; nor should it attempt to make Bharat a subservient state, by enacting laws like the Hyde Act. We are a very responsible people and not warmongers. Therefore USA on its won should make amendments in 123 agreements and meet Bharat'srequirements. As it is 123 deals cannot be accepted by us. Even the present Government of our country, instead of standing on its false prestige, should insist on amendments that will not affect our sovereignty and our nuclear strategic requirements.
One is not sure whether the UPA government will do it. Therefore, the deal must be discussed, deliberated and approved or disapproved by our sovereign Parliament. This is within the competence of our Parliament and the thrust of this article is to show how our parliament is empowered to do so.
Article 246(1) explicitly states: ?Notwithstanding anything in clauses (2) and (3) (these clauses deal with the powers of the state-legislators) Parliament has exclusive power to make laws with respect to any of the matters enumerated in List 1 in the Seventh Schedule (in this constitution referred to as the Union List).? And the clause (4) of this article again reiterates Parliament'sabsolute power. It says, ?Parliaments has power to make laws with respect to any matter for any part of the territory of India not included (in a State) not with standing that such matter is a matter enumerated in the State List.?
The clause (4) of Article 246 is irrelevant to any treaty or agreement with any foreign country, but I have quoted it to show the absolute power of the Union Parliament.
Now let us look at the Seventh Schedule. The items 14 of this Schedule reads as follows: ?Entering with treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries.? It may be argued that till now, the Parliament has not made any law in this regard and hence the executive i.e. the Government on its own can go into agreements or treaties with any foreign country. But this argument does not hold water. It is the Parliament'sprerogative to make a law or not to make it. But it is also Parliament'sprerogative to approve or disapprove of any intended treaty or agreement.
This is the import of the Article 75(3), which says, ?The Council of Ministers shall be collectively responsible to the House of the People.? This means, that the Council of Ministers is accountable to Parliament. We have adopted the Parliamentary system of democracy. Therefore there cannot be any activity of the executive, which is not accountable to Parliament.
But, it is also clear that the UPA government will not do so, suo moto. It will harp on the argument that there is no law that requires the executive to place every executive action for Parliament's approval. Therefore, those that are opposed to this 123 deal, should move a resolution to the effect that this 123 agreement shall be placed in both Houses of Parliament for approval. The Government is not likely to do so, because, it knows that the majority is against the deal. It has even refused to send the agreement to a joint Parliamentary Committee (JPC). In such an eventuality the Opposition can move the highest court for redress. The executive should not be allowed to tinker with the Nation's sovereignty and security.
(The writer is a respected columnist, former editor of Tarun Bharat daily and also a member of the Rashtriya Karyakarini of the RSS). It is the Parliament'sprerogative to make a law or not to make it. But it is also Parliament'sprerogative to approve or disapprove of any intended treaty or agreement.
It is easy to understand on whose aside we should be. I wonder whether USA understands this. It is in USA'sinterest that India becomes strong, both militarily and economically. USA, therefore, need not put constraints on Bharat'sstrategic nuclear research and development programmes; nor should it attempt to make Bharat a subservient state, by enforcing laws like the Hyde Act. We are a very responsible people and not warmongers.
