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Mr Advani, go for amendment

Mr Advani, go for amendment

Author: Kanchan Gupta
Publication: The Pioneer
Date: August 31, 2007

Even as the Prime Minister continues to conduct negotiations, this time with comrades shaken by the possibility of China's long march to superpower status being halted by an incipient India-US strategic entente, on the 123 Agreement behind a veil of conspiratorial secrecy, the BJP's helmsman has sought to remove misperceptions about his party's approach to the civil nuclear cooperation deal. For the past several months, the distinction between the position adopted by the Left and the BJP's criticism of the deal has been increasingly perceived as becoming blurred, and hence indistinguishable. Beginning with the ill-advised move to forge a common front with the Left to force a 'Sense of the House Resolution' on the UPA Government, which was engineered by a disgraced courtier of 10 Janpath to spite his patron-turned-foe, the BJP has been seen to be echoing the Communists' strident anti-Americanism, thus suffering erosion in its brand equity, especially among urban
voters.

In all fairness, it needs to be stated that this perception is deeply flawed, not least because even the most casual scrutiny of what the BJP's key speakers, Mr Arun Shourie and Mr Yashwant Sinha (we need not be distracted by loudmouths and gadflies eager to comment on each and every issue in the hope of making it to prime time news) during parliamentary debates on the nuclear deal will show that nothing has been said which stems from visceral hatred of America. The BJP's criticism has been based on technicalities of the deal which the party believes are not in India's national interest. The party has also been harsh on the Prime Minister for not being upfront and slyly, ever so subtly, misleading Parliament, and thus the nation. It is difficult to berate the BJP for fulfilling its responsibility both as a 'nationalist' party and as the main Opposition in Parliament.

On the other hand, the Left has never made an effort to hide the fact that it is driven by anti-Americanism in its criticism of the India-US nuclear cooperation agreement. It can be argued that had India signed an agreement with China which would have allowed Beijing to operate our nuclear facilities with Chinese scientists, the CPI(M) would have organised public ceremonies to felicitate the Prime Minister and his political benefactor; the lesser Left parties, including the CPI, would have cheered from the margins. Of course, it is preposterous to suggest the possibility of such a pact, but it is equally ridiculous of the comrades to claim that the deal gives Americans a run of Indian territory.

No less laughable is the Left's poppycock objection that the 123 Agreement is aimed at defanging India's strategic deterrence and that it negates India's 'sovereign right' to conduct nuclear tests in future. Let us not forget that in the weeks following Pokhran II, the Left had worked itself into a frenzy, denouncing the nuclear tests and lashing out at the NDA Government even while justifying the Chagai Hill explosions that were made possible by China's surreptitious assistance to Pakistan. The Prime Minister, who was then Leader of Opposition in the Rajya Sabha, had joined the Left in flaying the BJP-led Government, though his script was written by Americans incandescent with rage at being taken by surprise and Mr Atal Bihari Vajpayee's audacious demonstration of India's true power.

A comparison of what the BJP and the Left have said between July 2005 and August 2007 will show that while the former has busied itself with the nuts and bolts and the fine print of the agreement without rubbishing it in principle, the latter has resisted it citing ideological opposition to supping with the Americans. The BJP cannot disown the fact that it was the initiator of the Next Steps in Strategic Partnership dialogue with the US. And nothing in the BJP's conduct, whether while in power or in Opposition, even remotely smacks of blind anti-Americanism.

If the BJP has been consistent in pursuing closer, equitable strategic relations with the US, the Left has been equally consistent in repudiating the very notion of the two largest democracies working in tandem, whether in promoting bilateral trade and commerce or in the realm of strategic affairs. Despite this, if there is a perception, especially in the middle class which has come to define urban India's aspirations, that the BJP is seconding the Left's anti-Americanism, we can only blame it on either, or both, of two things: Sound byte journalism which is the staple of television news and newspapers aping the idiot box; and, the BJP's inability to effectively communicate, largely because of too many voices wanting to be heard, its distinctive position on the nuclear deal.

Seen against this backdrop, Mr LK Advani, who still remains the sharpest strategist and the tallest leader in the party, after Mr Atal Bihari Vajpayee on whom the inevitable vicissitude of old age has begun to show, has done the right thing to clarify the BJP's position and thus remove doubts that had begun to creep into the sphere of public debate. In brief, what Mr Advani has said can be summed up thus: The Left is propelled by anti-Americanism, the BJP is motivated by national interest; nuclear deterrence is an article of faith for the BJP and it cannot countenance an agreement that threatens India's strategic programme; the BJP stands for strategic independence, not strategic subservience; the BJP welcomes strategic partnership with the US provided it is a partnership of equals; and, the BJP is opposed to a foreign law seeking to dictate India's foreign policy.

None of this amounts to posturing against the US, just as the BJP's criticism of the deal inside and outside Parliament does not smack of anti-Americanism. So, the BJP's middle class voters who want to see their children migrate to the US or, in the least, be blessed by America with an H1B visa need not fret; the time has not yet come for them to switch loyalties to the Congress which has suddenly woken up to the fact that Jawaharlal Nehru's disparagement of the US was no more than so much bunkum.

There is something more that Mr Advani has said: That India should have a national law, matching the Henry Hyde Act that will govern US participation in the nuclear deal, to safeguard our interests. In this context, he has suggested that perhaps Government should consider suitably amending The Atomic Energy Act of 1962 to pre-empt the US from reneging on its part of the deal as it did in 1974 after Pokhran I whose declared intention was vastly different from that of Pokhran II. That would be a non-starter; if anything, the atomic energy law as it stands today needs to be amended to facilitate the operationalisation of the nuclear agreement, not build in caveats and riders, since it prohibits the Government, in both letter and spirit, from implementing the separation plan without which there is no 123 Agreement, apart from shutting the door on private sector participation. American industry will not be terribly thrilled to learn about this bar that exists on the statute book.

A far better option would be for the BJP to demand, without any let-up, an amendment to the Constitution that will make it mandatory for Government to seek parliamentary approval for all bilateral and multilateral agreements and treaties which involve -- they may not necessarily impinge on -- national security and national territory, and enact enabling laws for implementing them. For starters, we could begin with enacting our version of the Hyde Act to, as Mr Advani has said, "insulate our strategic objectives" and "renegotiate the 123 Agreement". Yes, this would mean a tectonic shift in our system of governance, which is hostage to both Cabal and Cabinet, and perhaps amount to a first, small step towards a new Republic.

Let Mr Advani and the BJP initiate the making of history.


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