CHAPTER 1

Introduction
 CHAPTER 1

Introduction

1.1 INTRODUCTION

In the present day scenario Foreign Policy plays a prominent part in

the peace and progress of every country in the world. Every nation
cannot be self-reliant, for this it has to depend upon others. In other
words, interdependence is an essential factor. It leads to the
development of international relations with other nations. For giving
a meaning and direction to her behaviour at the international level
each nation adopts a set of principles as a rational guide-the Foreign
Policy. Foreign Policy of a country can be defined as a set of goals
that seek to outline how a particular country will interact with other
countries of the world. Foreign policies are generally designed to
safeguard a country‘s national interests, national security and
ideological goals and economic prosperity.1 The important
determinants of the Foreign policy are geography, history, traditions,
culture, economic development, military strength and international
environment. These factors have played an important role in the
formation of India‘s foreign policy also. India has the heritage of an
ancient civilisation and culture. The foreign policy that India
formulated after independence reflected our culture and political
traditions. Our foreign policy makers had before them teachings of
Kautilya, the realist who had recognised war as an important

1 Harsh V. Pant, Indian Foreign Policy: An Overview, Bloomsbury Academic,

London, UK, 2016.

Introduction | 1
instrument of power and foreign policy.2 They were also impressed by
the Buddhist traditions of Ashoka, the Great, who advocated peace,
freedom and equality. Jawahar Lal Nehru opted for Ashoka‘s
tradition and incorporated them even in the Directive Principles of
the State Policy in the Constitution, the ideals of international peace,
and pacific settlement of international disputes. India‘s foreign policy
is determined largely in accordance the ideals of our struggle,
Gandhian philosophy and the fundamental principle of Indian
tradition of Vasudhaiva Kutumbkam (the whole world as one
family).3

Foreign Policy of a nation is a set of principles adopted and followed

by a nation for securing the objectives of national interest during the
course of its relations with other nations. It is the key element in the
process of which a state translates its ideals and broad goals into
concrete courses of action to be at par with international standards
and environment. The foundations of India‘s foreign policy were laid
during the freedom movement when our leaders- even while fighting
for Independence- were engaged in the cause of protecting the
country‘s territorial integrity and abolition of slavery and colonisation
from the world.4 Indian freedom fighters joined hands with the
British forces during both World Wars against the Fascist forces for
maintenance of international peace and security. Recognising India‘s
high ideals of peace, security and universal brotherhood, in 1945
United Nations recognised India as one of the founding members
even though it was not a free nation at that time.

2 Shivshankar Menon, Choices: Inside the Making of Indian Foreign Policy,

Penguin Books, London, UK, 2016
3 V.N.Khanna, Foreign Policy of India, Vikas Publishing House Pvt. Ltd, New
Delhi, 2012.
4 David M. Malone, C. Raja Mohan and Srinath Raghavan (eds.), The Oxford
Handbook of Indian Foreign Policy, Oxford University Press, Oxford, UK

Introduction | 2
1.2 FOREIGN POLICY OF INDIA

India‘s foreign policy can be divided into three distinct epochs. The
initial phase, which began shortly after independence, lasted until
1962. The second phase extended from 1962 to 1991. The third and
current phase began in 1991 and continues to the present day. The
delineation of these historical epochs is far from arbitrary. Instead, it
is possible to adduce compelling substantive reasons for their
selection.5 Making of foreign policy is a dynamic process. Change in
government does not change the fundamentals of foreign policy of a
state, though revolutionary change in the political set up of a state
may result in drastic changes. It remains unchanged as foreign
policy of a state which is determined by a number of factors, many of
them are static. There are some factors that do not change, but their
impact in shaping country‘s foreign policy is usually secondary. The
foreign policy of a country is ―compounded out of many factors and
forces‖. All of them interact and determine the foreign policy. Basic
determinants of a foreign policy include geography, external
environment, economic development, culture and history, social
structure, political traditions, domestic milieu, military strength and
energy conservation.

With the end of World War II a revolution had started in world

affairs- the recasting of nations and relations between nations, and
the emergence of new technology which fundamentally changed the
role of warfare.6 One year before the independence on 26th June
1946, Jawahar Lal Nehru made a statement that ―As long as the
world is constituted as it is, every country will have to devise and use

5 Sumit Ganguly (Ed.), India’s Foreign Policy: Retrospect and Prospect, Oxford
University Press, New Delhi, 2015
6 India‘s Nuclear Weapons Program: The Beginning: 1944-1960
http://nuclearweaponarchive.org/India/IndiaOrigin.html. Last accessed on
19th January 2016.

Introduction | 3
the latest devices for its protection. I have no doubt India will develop
its scientific researches and I hope Indian scientists will use the
atomic force for constructive purposes. But if India is threatened, she
will inevitably try to defend herself by all the means at her disposal.‖7
Nuclear age had already dawned when India became independent in
1947. Leaders of the nation took the crucial decision to opt for self-
reliance, and freedom of thought and action. India chose the path of
non-alignment and rejected the Cold War paradigm whose shadows
were already appearing on the horizon. Following this decision
required a lot of national strength through our own resources, our
skills and creativity and the dedication of the people.8

1.2.1 Non-Alignment

One of the main characteristic of India‘s foreign policy is non-

alignment. This means that India is not prepared to join either the
Anglo-American block or the Soviet bloc. The country is determined
to keep aloof from them. Its contention is that, it can serve the cause
of world peace only if it retains the independence of judgement and is
prepared to call a spade a spade. The attitude of India is determined
by a balancing of three considerations, viz. whether it is on the side
of justice or truth, whether it further cause of universal peace or
freedom and whether it is favourable to India‘s national interests.9

The foreign policy of India is not a passive or negative policy. It is a

positive policy of helping those forces which India considers to be
right and disapproving of those which we consider to be wrong. While

7 Evolution of India‘s Nuclear Policy- May 28, 1998

www.indianembassy.org/pic/nuclearpolicy.htm-27k. Last accessed 19th
January 2016
8 K. R. Gupta and Vatsala Shukla, Foreign Policy of India, Atlantic Publishers,
New Delhi, 2009
9 Sumit Ganguly, Engaging the World: Indian Foreign Policy Since 1947,
Oxford University Press, Oxford University Press, New Delhi, 2015

Introduction | 4
doing so, India has to keep itself away from alignments of power
which normally lead to wars. The foreign policy of India is aimed
primarily at preventing world conflict and to retain a position for
India from which it can stop the same. India does not join the power
politics so that it is in position, when the times come, to throw in its
weight in the interest of peace. On account of our policy of non-
alignment we have been able to serve the cause of peace in the world.
India has played a neutral role in settling the world disputes. We
have been in a position to examine a problem dispassionately and
point out a solution for the same. The Government of India played an
important part in bringing the Korean War in 1953 to a close. The
Korean War was a war between North and South Korea, in which a
United Nations force led by the United States of America fought for
the South, and China fought for the North, which was also assisted
by the Soviet Union. It is on account of our non-alignment policy
that we could afford not to sign the peace treaty between the United
Nations and Japan at San Francisco in 1951. We signed a separate
treaty with Japan in 1952.

1.2.2 Opposition to Imperialism and Colonialism

Another notable feature of India‘s foreign policy is that we are

opposed to imperialism and colonialism. Government of India has
consistently championed the cause of the exploited nations against
the exploiting imperial powers. Even when India was not free the
Indian National Congress expressed its sympathy against all those
countries which were struggling for their liberation from the yoke
of the imperialist Powers. We had suffered terribly under the
foreigners and we were in a position to understand and appreciate
the sufferings of those who were in a similar position. When
interim Government was formed on 2 nd September 1946 under the

Introduction | 5
leadership of Jawahar Lal Nehru, he declared that his Government
was particularly interested in the emancipation of colonial and
dependent countries and their people. India has not merely raised
slogans of anti-colonialism; it has actually helped nations
struggling to be free.10 After the end of World War II, the Dutch
Government tried to re-establish her strangle hold over Indonesia,
the Government of India resisted it. The result was that ultimately
the independence of Indonesia was recognised. Libya owes her
independence almost entirely to the Indian initiative. India has
continued to resist the policies of the Union of South Africa to
incorporate the territories of South West Africa into the Union.

1.2.3 Opposition to racial discrimination

Another characteristic feature of India‘s foreign policy is its

opposition to racial discrimination. India does not seek
domination over others and we claim no privileged position over
other peoples. But we do claim equal and honourable treatment
for our people wherever they may go and we cannot accept any
discrimination against them No. wonder, we have condemned in
strongest possible terms the policy of apartheid followed by Union
of South Africa. India morally supported the fight of the coloured
people in South Africa against the White Supremacy. India has
been instrumental in the passing of the resolutions by the United
Nations against the policy of discrimination followed by the
Government of South Africa.11

10 Mischa Hansel, Theorising Indian Foreign Policy, Routledge, Taylor &

Francis Group, New Delhi, 2017.
11 Dr. S.K. Shah, India’s Foreign Policy: Past, Present and Ties with the World,
Vij Books, New Delhi, 2016

Introduction | 6
1.2.4 Peace and Friendship

India follows the policy of friendship and peace towards all the
nations of the world. However, there is a definite bias in favour of
Asia which cannot be denied. Whenever there has been any difficulty
in any part of Asia, the Government of India has tried to resolve it. In
the crisis of war and peace in history of World, Asia has always
played a pivotal role. Now, the countries of Asia can no longer be
used as pawns by others; they are bound to have their own role to
play in world affairs. In this atomic age, Asia will have to function
effectively in the maintenance of peace. Whenever there has been any
difficulty in any part of Asia, the Government of India has tried to
solve it. Since independence India has always taken effective
measures to maintain its friendly relations with its neighbours. In
1949, at the instance of Indian government, many Asian countries
took steps to ban Dutch Airlines from plying across Asia in
retaliation to Dutch Government‘s action when it tried to re-establish
her authority over Indonesia. India‘s relations with South Asia have
been largely unilateralist and hegemonic in nature. In 1971, India
supported a democratic resistance in East Pakistan conducted by the
Pakistan army and then invaded the territory, reducing by half its
principal adversary in South Asia. In 1987, India mounted a peace
support operation to Sri Lanka and attempted to forcibly impose
peace, while insisting that other powers not interfere. India has time
and again used hard-power and exercised hegemony in order to
consolidate its territorial sovereignty, opposed regional and global
adversaries.12

12 Stephen F. Burgess, ―India and South Asia: Towards a Benign Hegemony‖,

Harsh V. Pant (ed.), Indian Foreign Policy in a Unipolar World, Routledge,
New Delhi, 2013 pp. 231-250.

Introduction | 7
1.2.5 Climate Change Policy

India has been a key player in climate change negotiations ever since
the topic gained importance at the international arena since 1980s.
India has always been the most important representative of
developing countries of the world to put forth their issues and
concerns. India is also one of the largest emitters of greenhouse
gases and it is projected to be the third largest emitter by 2018.13
India‘s voice in global climate negotiations matters as no problem of
climate change can be solved by one country. There has to be
collective effort globally. India‘s foreign policy has changed since last
20 years to include policy making on climate change. India‘s
engagement in international climate negotiations has deep roots. The
origin of much of its thinking and policies on climate change predate
the topics‘ emergence on the global agenda and are, in fact, linked to
the country‘s much older views on environment and development in
general. These can be traced back to the 1972 UN Conference on the
Human Environment at Stockholm, where India, on behalf of the
entire developing world, challenged the then emerging Western
discourse that excessive industrialisation, overpopulation and
economic growth were responsible for causing the world‘s growing
environmental problems.14 India‘s stand point on climate change is
that, the primary responsibility for reducing the greenhouse gas
emissions rested with developed countries as they were the ones
responsible for producing the bulk of the emissions. The emissions of
developing countries were still very low and would need to grow to
meet their development and poverty reduction need, and hence no

13 World Energy Outlook: China and India Insights (Paris: IEA, 2007)
14 Sandeep Sengupta, ―Defending Differentiation, India‘s Foreign Policy on
Climate Change from Rio to Copenhagen‖, Kanti P. Bajpai and Harsh V.
Pant (eds.), India’s Foreign Policy: A Reader, Oxford, New Delhi, 2014 pp.
389-414.

Introduction | 8
greenhouse gas reduction targets could be affixed for them and that
any convention on climate change would have to provide for
technology transfer and funds for developing countries to help them
address these challenges.

1.2.6 Nuclear Policy of India

When India became independent the nuclear age had already

dawned. India took the crucial decision for self- reliance and freedom
of thought and action. Towards this goal, promotion of science and
development of ‗scientific spirit‘ was deemed essential by the then
India‘s Prime Minister Pandit Jawahar Lal Nehru. India‘s nuclear
policy was characterised by the quest for security and economic
development. Disarmament was then and now also continues to be a
major component of our foreign policy. Our leaders opined that
nuclear weapons are not weapons of war but these are weapons of
mass destruction. The essence of India‘s Nuclear Policy lies in the
principle of No First Use Policy for nuclear weapons. India does
accept the arbitrary division between nuclear haves and have nots in
the absence of universal and non-discriminatory disarmament
policies.15 It is the sovereign right of every nation to make a
judgement regarding its supreme national interests and exercise its
sovereign choice. Following this India subscribes to the principle of
equal and legitimate security interests of nations and considers it a
sovereign right. After independence Indian leaders recognised that
nuclear technology offers tremendous potential for economic
development for developing country like ours. They tried to abridge
this technological gap created by long colonial rule by enactment of
Atomic Energy Act in 1948 immediately within one year of

15 Security of Nuclear Weapons: India‘s Role in the Twenty-First Century,

Volume 56 of RCSS Policy Studies, Regional Centre for Strategic Studies
(Colombo, Sri Lanka), 2015

Introduction | 9
independence. Numerous initiatives taken in the field of nuclear
disarmament are in harmony with and in continuation of early
enunciations. In the 1950s nuclear weapons tests were conducted
above the ground and the characteristic mushroom cloud became
the visible symbol of the nuclear age. India was on the forefront to
call for an end all nuclear weapon testing as the first step for ending
nuclear arms race.

1.2.6.1 Security

Our Government has time and again remained engaged in

substantive bilateral talks with our neighbours to improve relations.
India is a nuclear weapon state. This is a reality that cannot be
denied nor it seeks any conferment nor is it a status for others to
grant. Strengthened capabilities add to sense of responsibility; the
responsibility and obligation of power. India shall not use weapons to
commit aggression or to mount threats against any country. India
mindful of its international obligations follows the principle of No-
First-Use-Policy. ―Credible minimum deterrence‖ is the cornerstone
of India‘s nuclear doctrine. It is used in conjunction with the
concepts of ―No First Use‖ (NFU) and ―Non-Use‖ against nuclear
weapon states, clearly indicates that India envisages its nuclear
weapons as only a deterrent and not as a means to threaten others.
Comprehensive nuclear disarmament, credible deterrence, no first
use of nuclear weapons and self-reliance are the cornerstones of
India‘s nuclear security.16

16 Dr. Suresh R, The Changing Dimensions of Security: India’s Security Policy

Options, Vij Books India Pvt. Ltd, Delhi, 2015

Introduction | 10
1.2.6.2 No First Use of Nuclear Weapons

India‘s own debate on nuclear weapons started immediately after the

first Chinese nuclear test in 1964. The 1974, was in many ways a
delayed response to Chinese nuclear weapons programme. A
noteworthy feature of India‘s foreign policy is nuclear doctrine
building and maintaining a credible minimum deterrent; a ―No First
Use‖ posture; nuclear weapons to be used only ―in retaliation against
a nuclear attack on Indian territory or on Indian forces anywhere‖;
nuclear retaliation to a first strike will be ―massive‖ and designed to
inflict ―unacceptable damage‖. Undoubtedly, the inheritance from a
century-long national movement that was built around liberal norms
and on the commitment to non- violence, this strain was an
important factor in delaying the Indian response to the introduction
of nuclear weapons by China, soon after the 1962 war between the
two nations.17 This alone does not explain India‘s nuclear restraint
during much of the 1970s and 1980s. An alternative explanation lies
in the fact that India‘s security alliance with the USSR which was
unveiled in the Treaty of Peace and Friendship in 1971 had reduced
the imperatives for an immediate acquisition of nuclear weapons.
The treaty gave India the confidence that the balance against the US
strategic cooperation with China and Pakistan had been established.
The strong economic, military and political partnership with USSR
reduced India‘s incentive in acquiring its own nuclear weapons,
despite the fact that China, its rival in the region and the third world
as a whole, was a fully recognised nuclear-weapon power. It was only
when USSR collapsed, the Cold War ended and the global balance
shattered that pressures mounted on India to exercise its nuclear
weapon options. Having lost its only international ally, the major

17 Priyanjali Malik, India’s Nuclear Debate: Exceptionalism and the Bomb,

Routledge, Taylor and Francis, New Delhi, 2010

Introduction | 11
source of its military equipment, and confronted with a rising China
and unable to build a new partnership with the sole power, India was
compelled to recast its strategic framework in 1990s. The decision to
become an overt nuclear-weapon power in 1998 was a consequence
of the fundamental change in balance of power around India.18 Ever
since India conducted the nuclear tests and proclaimed it a nuclear-
weapons power, India had doggedly pursued the objective of a
nuclear reconciliation. From the outset, India understood that, in
order to gain acceptance, it needed to alter its traditional nuclear
defiance of the international system and offer support to various
global non-proliferation measures. India‘s willingness to change
many aspects of its traditional nuclear policy in the wake of 1998,
reflected in the approach of two very diverse political coalitions that
have governed from New Delhi since, demonstrated that realist
considerations have tended to prevail over idealist arguments. The
post-Pokhran changes in India‘s nuclear diplomacy have involved the
endorsement of the basic objectives of the Non-Proliferation Treaty
(NPT) after decades of demonising it, support to the non-proliferation
regime in the form of stronger export control, tighter domestic law
against proliferators, accepting regional arms-control through
military and nuclear Confidence Building Measures with Pakistan
and support to nuclear weapons free zones in Southeast Asia and
Africa.19 India‘s hard negotiating stance on nuclear issues can be
seen as a part of its enduring strategic culture.

18 Rajiv Nayan (ed.), The Nuclear Non-Proliferation Treaty, Routledge, Taylor

and Francis, New Delhi, 2012
19 C. Raja Mohan, ―India and the Emerging Non- Proliferation Order: The
Second Nuclear Age‖, Harsh V. Pant (ed.), Indian Foreign Policy in a Unipolar
World, Routledge, New Delhi, 2013 pp. 43-72.

Introduction | 12
1.2.6.3 Credible Deterrence

The concept of ―credible minimum deterrence‖ is the cornerstone of

India‘s nuclear doctrine. It is used in conjunction with the concepts
of ―No First Use‖ and ―Non-Use‖ against nuclear weapon states,
clearly indicates that India envisages its nuclear weapons as only a
deterrent merely for defensive purposes and not as a means to
threaten others, that it is not in the business of building up a huge
arsenal and that it will not engage in arms racing. The concept,
however, also recognizes that for deterrence to be effective it must be
―credible‖. The prerequisites for the credibility of our deterrent in the
context of our nuclear doctrine are sufficient and survivable nuclear
forces both in terms of warheads and means of delivery able to inflict
unacceptable damage. Nuclear forces must be operationally prepared
at all times and effective intelligence and early warning capabilities.
The essence of a National Security Policy is to create conditions of
peace and stability so that the virtues of freedom and liberty can be
made use of by the body politic, to attain a higher quality of life. The
objective of a National Security Policy is safeguarding territorial
integrity, preserving sovereignty and maintaining domestic
tranquility.20

1.2.6.4 Self Reliance

India felt the need of acquiring nuclear weapons in the backdrop of

two of its neighbors, China and Pakistan acquiring the nuclear
weapons. Nuclear tests conducted by India in 1974 invited the wrath
and criticism of almost all the nations. This resulted in the stoppage
of international aid to India. India has not signed and joined the

20 Captain Sujeet Samaddar (IN), Defence, Development and National Security,

Gyan Publishing House, New Delhi, 2005

Introduction | 13
1970 Treaty on Non-Proliferation of Nuclear Weapons (NPT).21 The
ground taken by India is that this Treaty is discriminatory between
the States already possessing nuclear knowledge and capabilities
and the non-nuclear weapon States. India is not signatory to
Comprehensive Test Ban Treaty (CTBT) but still it is meets the basic
obligations of the treaty. It refrains from undertaking nuclear test
explosions. This voluntary declaration is intended to convey to the
international community the seriousness of our intent for meaningful
engagement. India has maintained effective export controls on
nuclear materials as well as related technologies even though we are
neither a party to the Non-Proliferation Treaty nor a member of the
Nuclear Suppliers Group. Nonetheless, India is committed to non-
proliferation and the maintaining of stringent export controls to
ensure that there is no leakage of our indigenously developed know-
how and technologies.22

1.2.6.5 Comprehensive Disarmament

Development of nuclear technology transformed the nature of global

security. India reasoned that nuclear weapons were not weapons of
war; these were weapons of mass destruction. The principle plank of
India‘s nuclear policy states that a nuclear weapon-free world would,
therefore, enhance not only India‘s security but also the security of
all nations. At the outset, India advocates nuclear weapons-free-
world and non-discriminatory nuclear disarmament. Non-
discriminatory choice of disarmament requires the exercise of
freedom of thought and action.

21 The Non-–Proliferation Treaty was signed on 1st July 1968 and it entered
into force in 1970.
22 Mike M. Mochizuki and Deepa M. Ollapally (eds.), Nuclear Debates in Asia:
The Role of Geopolitics and Domestic Processes, Rowman & Littlefield,
London, UK, 2016

Introduction | 14
In 1950s, nuclear weapons testing took place above the ground and
as has been pointed out earlier the characteristic mushroom cloud
became the visible symbol of the nuclear age. India then took the
lead in calling an end to all the nuclear weapon testing as the first
step for ending the nuclear arms race. In 1954, Pt. Jawahar Lal
Nehru, the Prime Minister of India made a statement in Lok Sabha
that nuclear, chemical and biological energy and power should not
be used to forge weapons of mass destruction. He advocated for
prohibition and elimination of nuclear weapons and an agreement to
halt nuclear testing.23

In 1963, limited success was achieved with the signing of Partial Test
Ban Treaty which banned nuclear tests in the atmosphere,
underwater and in space but not underground. Since then five
nuclear states had developed the technologies for conducting
underground nuclear tests, the nuclear arms race continued
unabated. In 1965, India along with a group of non-aligned countries
put forward the idea of Nuclear Non-Proliferation Agreement paving
the way for comprehensive nuclear disarmament if non-proliferation
is adhered to. In 1960s security concerns deepened and there was
such abhorrence of nuclear weapons and desire to avoid acquiring
them that security guarantees from major nuclear powers of the
world. The countries to which India approached for support and
understanding were unable to extend their assurance which we
sought. After this denial India made clear of its inability to sign the
Non-Proliferation Treaty.

Our nuclear policy has been marked by restraint and openness. It

has not violated any international agreement; it has always exercised

23 A. Vinod Kumar, India and Nuclear Non-proliferation Regime: The Perennial

Outlier, Institute of Defence Studies and Analyses, Cambridge University
Press, Delhi, 2014

Introduction | 15
restraint for 24 years after the first nuclear test in 1974. Restraint
has to arise from only strength. Restraints are valid only when
doubts are removed. The series of tests undertaken by India have led
to the removal of doubts. The tests undertaken were minimum
necessary to maintain what is an irreducible component of our
national security calculus. This Government‘s decision has,
therefore, to be seen as part of a tradition of restraint that has
characterised our policy in the past 68 years. After the tests Indian
Government gave the statement that India will now observe a
voluntary moratorium and refrain from conducting underground
nuclear test explosions. It has also indicated willingness to move
towards a de-jure formalisation of this declaration.

India has explained that why the country was not in a position to
join because the non-proliferation regime did not address our
country‘s security concerns.

1.2.7 Nuclear Energy

Energy security has always been a foreign policy concern for India
as the country has been traditionally dependent upon imports of oil
primarily from the Middle East and the Persian Gulf for its energy
needs. India was adversely hit during 1973-74 oil shocks, a period
during which Government of India had to significantly increase its
exports to the oil-rich countries to prevent a balance-of-payments
crisis. Later, during the Gulf war in 1991, India had to step up its
imports from Saudi Arabia and some other Gulf States to make up
for the loss of its imports from Iraq and Kuwait, countries that then
supplied nearly two-fifths of India‘s total oil imports. 24 It was in the
midst of 1991 crisis when the Indian government under the

24 D. R. SarDesai and Raju G. C. Thomas, (eds.), Nuclear India in the Twenty-

First Century, Palgrave-Macmillan, New York, 2002

Introduction | 16
leadership of the Prime Minister P.V. Narsimha Rao and the then
Finance Minister Dr. Manmohan Singh implemented major
structural reforms in the Indian economy that led to the country
towards marketisation and high growth rates. In these early crises,
India‘s responses were largely reactive. At that time India was
neither a major global economy nor amongst the largest energy
consuming countries in the world. However, after implementing
structural economic reforms in last decades, India has emerged as
one of the fastest-growing major economies of the world. In turn,
this has led to increased energy consumption. 25 By then Indian
economy which was the fifth-largest primary energy consumer in
the world in 2006.26 The growth of the Indian economy,
accompanied by increased energy consumption, has increased
India‘s dependence on foreign sources of oil and gas. However,
buoyed by high economic growth rates and learning from its past
experiences and contemporary developments. India is becoming
more proactive in the international arena to secure its energy
requirements. As a result energy security has emerged high on
India‘s foreign policy agenda. 27

Foreign policy of our country recognises nuclear power as a new

lease of life in the last decade. Increased competition over fossil fuels
and concerns over climate change have prompted many states to
shift to nuclear energy. Indeed the World Nuclear Industry Status

25 Subir Gokarn, ―Economic Policy Reforms: Implications for Energy

Conumption‖ Micheal A Toman, Ujjyant Chakravorty, Shreekant Gupta
(eds.), India and Global Climate Change: Perspectives on Economics and
Policy from a Developing Country. Routledge, New Delhi, 2010, pp. 72-88.
26 B. P. Statistical Review of World Energy June 2007, at
http://www.bp.com/content/dam/bp-country/en_ru/documents/publicati
ons_PDF_eng/ Statistical_review_2007.pdf (accessed on 28th February
2016)
27 Edward Luce and Ray Marcelo, ―Why Energy Security is Top Priority?‖, the
Financial Times, 17th January 20005

Introduction | 17
Report 2010–2011 states that there were more nuclear reactors
under construction worldwide in 2010 than in any year since 1988.28
Whereas in 2014, the number of operational reactors in the world
has dropped by 39 (9 percent) from 427 in July 2013 to 388 in July
2014, this is 50 fewer than at the peak in the year 2002. 29 The shift
to nuclear energy is particularly strong in the energy-starved but
fast-growing economies of China, India and South Korea. In fact,
India has drawn up an ambitious plan to reach a nuclear power
capacity of 63,000 MW in 2032 and it has been repeatedly asserted
by our Prime Ministers that nuclear energy will play an important
role in the country‘s quest for a clean and environmentally friendly
energy mix. However, even as the global nuclear energy industry and
the Asian countries have been bracing for this renaissance, the
recent accident at Fukushima in 201130 has served a stark reminder
of the capacity of nuclear power to inflict catastrophic damage and
the need for stringent safety norms. Not surprisingly, scholars and
experts have accorded considerable attention to formulation of
appropriate safety regulation for civil nuclear installations.31 An
important domestic structural change that India must implement to
address its energy need is the creation of an apex body in the
country that addresses India‘s overall energy strategy including
foreign and security policy implications. These implications include
diversification of suppliers, diversification of the sources of energy,

28 M. Schneider, A. Frogatt and S. Thomas, Nuclear Power in a Post Hiroshima

World: World Nuclear Industry Status Report 2010–2011, Worldwatch
Institute, Washington, DC.
29 Available at http://www.worldnuclearreport.org/The-World-Nuclear-
Industry-Status-Report-2014.html. last accessed 21.05.2014 at 10.00 am
30 Available at Fukushima Information Sheet of the International Atomic
Energy Agency (IAEA) at: http://www.iaea.org/About/japan-infosheet.html
Last accessed on 19th May 2014 at 9.00 pm
31 Convention on Nuclear Safety 1994; Convention on the Safety of Spent Fuel
and Radioactive Waste Management 1997, The Convention on Assistance in
Cases of Nuclear Emergency 1986

Introduction | 18
the purchase of equity stakes overseas, the security of its
hydrocarbons supplies, ensuring adequate storage of energy and
cooperation with countries in India‘s neighbourhood both in and just
outside South Asia. Currently, India‘s energy sector is governed by
five different ministries and departments: the Department of Power,
Petroleum and Natural Gas, Coal, Non-Conventional energy Sources
and the Department of Atomic Energy. In addition to these, the
foreign and security policy dimensions of India‘s energy security also
involve policy coordination across the Ministry of External Affairs,
the Ministry of Defence and the Ministry of Finance. As a result,
India is unable to make bold choices needed to conduct a coherent
energy strategy. In this regard, the creation of an inter-ministerial
Energy Coordination Committee (ECC) has been a step in right
direction.32

1.2.7.1 Nuclear Accidents and Compensation

As important as the above discussed preventive safety rules are,

remedial measures for nuclear accidents are also of vital concern for
nuclear regulators. Rules on liability for third-party damage are one
such remedial measure aimed at adapting to the aftermath of a
nuclear accident. These norms not only provide assured legal
protection to victims against the potentially massive costs of any
nuclear accident but also encourage rigorous compliance with safety
regulations.33 Liability norms are effective instruments for

32 Manjeet S. Pardesi and Sumit Ganguly, ―India and Energy Security: A

Foreign Policy Priority‖, Harsh V. Pant (ed.) Indian Foreign Policy in a
Unipolar World, Routledge, New Delhi, pp. 99-127.
33 E. Louka, ‗Bringing polluters before transnational courts: why industry
should demand strict and unlimited liability for the transnational
movements of hazardous and radioactive wastes‘, Denver Journal of
International Law and Policy, Vol. 22, No. 1, 1993, pp.63–106.

Introduction | 19
reallocation of costs of nuclear accidents too34. At the same time,
liability rules also signal social priorities and can incentivise or
impede the growth of the industry. Thus, states have sought to
institutionalise special norms on liability that seek to reconcile the
competing interests of encouraging nuclear power and insulating
citizens from the associated risks. Moreover, in recognition of the
transnational nature of any nuclear accident, states have also
attempted to harmonise these rules through common international
legal regimes on the subject.

The proliferation of multiple nuclear liability regimes at the

international level in the form of the OECD Paris Convention on
Third-party Nuclear Liability of 1960 (hereinafter Paris Convention),
the Vienna Convention on Civil Liability for Nuclear Damage of 1963
(hereinafter Vienna Convention) and The Joint Protocol of 1988 and
the Convention on Supplementary Compensation for Nuclear
Damage of 1997 (hereinafter CSC) exemplify this impulse towards
harmonisation of legal rules. Further, as the negotiations35 between
USA and India reveal, substantial diplomatic pressure is being
imposed on states currently in midst of expansion of their civil
nuclear energy programme, to accede to one or more of these liability
regimes. Foreign suppliers have expressed concerns about inking
contracts before harmonisation of India‘s Liability Law with
international legal rules. All these factors have culminated in
enactment of the Civil Liability for Nuclear Damage Act, 2010
(hereinafter CLNDA) by the Indian Parliament and the signing by the
Indian government of the CSC. The latest episode in this series of
normative changes, the notification of the Civil Liability for Nuclear

34 P.B. Birnie, A. Boyle and C. Redgwell, International Law and the

Environment, Oxford University Press, Oxford, 2009
35 ‗US lawmaker hopes India will address concerns of US nuke firms‘, The
Economic Times, 6 December 2011

Introduction | 20
Damages Rules, 2011, has led to tremendous consternation within
political circles in India. Time and again questions are being raised
about the legality of these legislative changes, there is a need to have
harmonisation of Indian Law with international standards on third-
party liability against nuclear damage. The fundamental elements of
international legal rules on third-party liability, core common
elements of these liability regimes – channelling of liability, liability
caps, temporal limits on claims, etc. –are not only based on outdated
assumptions on the price and utility of nuclear energy, but also
predate the development of and conflict with contemporary
International Environmental Law principles. These calls for India‘s
accession to existing international legal regimes on civil nuclear
liability are misplaced. Indeed, there is a strong case for India to
remain outside these treaty regimes and retain its judicially evolved
norms on absolute unlimited liability.36

With the seven decade experience of our independence, India stands

at a defining moment in our history. The rationale for the
Government‘s decision is based on the same policy tenets that have
guided the country since independence. These policies were
sustained successfully because of the underlying national
consensus. The present decision and future actions will continue to
reflect a commitment to sensibilities and obligations of an ancient
civilisation, a sense of responsibility and restraint, but a restraint
born of the assurance of action, not of doubts or apprehension.
India has ratified Convention on Supplementary Compensation (CSC)
for nuclear damage in February 2016. CSC allows increased
compensation in the event of a nuclear accident through public

36 Saurabh Bhattacharjee, ―Looking through the prism of International

Environment and Human Rights Law- International Civil Nuclear Liability
Law and a call for Indian Exceptionalism‖, International Journal of Nuclear
Law,Vol. 3 No. 4 pp. 276-291.

Introduction | 21
funds pooled in by the contracting parties based on their installed
nuclear capacities. It is a giant leap in facilitating the commercial
suppliers to enter into nuclear deals with India. The new move by
Indian Government will see the deals between American companies
build nuclear reactors in collaboration with Nuclear Power
Corporation of India Limited and provide cheap energy to millions of
Indians. It will facilitate international cooperation in expanding the
use of nuclear power in India and this will also contribute to India‘s
energy security and its efforts to redress climate change. India‘s
membership to CSC will pave a way for development and growth of
safe civilian nuclear energy thus, fulfilling the terms and conditions
on The US- India Nuclear Agreement in 2008. It is also in conformity
with guidelines laid down by International Atomic Energy Agency‘s
Nuclear Safety Action Plan towards global liability regime of providing
prompt compensation in the event of nuclear accident. By joining
CSC India will contribute to strengthen an international convention
and global nuclear liability regime.37

The objectives of India‘s nuclear policy can be summed up as follows:

1. In the absence of global nuclear disarmament India‘s strategic

interests requires effective, credible nuclear deterrence and
adequate retaliatory capability. This is consistent with the UN
Charter, which sanctions the right of self-defence.

2. The requirements of deterrence should be carefully weighed in

the design of Indian nuclear forces and in the strategy to
provide for a level of capability consistent with maximum
credibility, survivability, effectiveness, safety and security.

3. India shall pursue a doctrine of credible minimum nuclear

deterrence. In this policy of ‗retaliation only‘, the survivability

37 ―India ratifies pact on Nuclear Compensation‖, The Hindu, 5 February 2016,

at p. 1.

Introduction | 22
 of our arsenal is critical. This is a dynamic concept related to
the strategic environment, technological imperatives and the
needs of national security. The actual size components,
deployment and employment of nuclear forces will be decided
in the light of these factors. India‘s peacetime posture aims at
convincing any potential aggressor that:

Any threat of use of nuclear weapons against India shall

invoke measures to counter the threat; and

Any nuclear attack on India and its forces shall result in

punitive retaliation with nuclear weapons to inflict damage
unacceptable to the aggressor.

4. The fundamental purpose of Indian nuclear weapons is to

deter the use and threat of use of nuclear weapons by any
state or entity against India and its forces. India will not be
the first to initiate a nuclear strike, but will respond with
punitive retaliation, should deterrence fail.

5. India will not resort to the use or threat of use of nuclear

weapons against States which do not possess nuclear
weapons, or are not aligned with nuclear weapon powers.

6. Deterrence requires that India should maintain:

Sufficient, survivable and operationally prepared nuclear

forces;

A robust command and control system;

Effective intelligence and early warning capabilities ;

Comprehensive planning and training for operations in

line with the strategy; and

The will to employ nuclear forces and weapons.

7. Highly effective conventional military capabilities shall be

maintained to raise the threshold of outbreak both of

Introduction | 23
 conventional military conflict as well as that of threat or use of
nuclear weapons.

8. Well established and sound framework for governance of

nuclear power and all issues related to safety, security and
non-proliferation. The framework consists of legal instruments
and policies in the form of national acts, international
conventions, treaties and agreements to which India is a party.

9. Aggressively pursue the development of nuclear energy while

providing the essential emphasis on safety and addressing
public perception issues.

10. Increase shares in renewable in energy mix with relatively low

gestation period but high returns, by designing the appropriate
regulatory and incentive structures. While promoting clean
technologies we should replace ―dirty‖ fuels with, greener, e.g.
nuclear, gas to safeguard the environment.

11. The Indo-US civilian nuclear deal has emerged as India‘s hope
of integrating in the global nuclear framework and also
enhance India‘s energy security situation at least in the short
term. To ensure energy security, projections, plans and supply
arrangements should look beyond short-term demand as well.

India‘s security is an integral component of its development process.

India continuously aims at promoting an ever-expanding area of
peace and stability around it so that developmental priorities can be
pursued without disruption.

1.3 STATEMENT OF THE PROBLEM

Foreign Policy of a State is a set of principles adopted and followed by

a nation for securing the objectives of national interest during the
course of its relations with other nations. It is the key element in the
process of efforts by which a state translates its ideals and broadly

Introduction | 24
conceived goals into concrete courses of action according to the
prevailing international environment. Foreign Policy and Diplomacy
are two wheels with which process of international relations operates
among states. No State can live in isolation, even before the
interdependence of states reached the present stage; the states had
several types of relations among themselves. States like an individual
seeks to promote its own national interests by developing trade
relations, cultural relations and political relations with other States.

The foundations of India‘s foreign policy are based on high ideals of

peace, security and universal brotherhood. Non- alignment is
considered another cornerstone of India‘s policy during the pre-Cold
War era by keeping far away from military alliances and yet
participating actively in the international relations through
independent decision making based upon the world view and
national interests of India. Another notable feature of India‘s foreign
policy has been its strong advocacy of general and complete
disarmament, with nuclear disarmament being accorded the highest
priority.

The use of weapons of mass destruction including nuclear weapons

is the gravest threat to humanity and to peace and stability of
international systems. Nuclear remains are the instruments for
national and collective security, the possession of which was sought
to be legitimized through permanent extension of Nuclear Non-
Proliferation Treaty (NPT). Though, India is not a signatory to NPT
but it has adopted the policies to harness nuclear power to fill the
gap between demand and supply of energy required for industrial
development and for growing energy needs in power sector. These
developments amount to virtual abandonment of nuclear
disarmament.

Introduction | 25
The Nuclear Policy of India carefully weighs the designs of Indian
nuclear forces as well as the strategy to provide for a level of
capability consistent with maximum credibility, survivability,
effectiveness, safety and security. India‘s peace time posture aims at
convincing any potential aggressor that any threat of use of nuclear
weapons against India shall invoke measures to counter the threat,
and any nuclear attack on India and its forces shall result in
punitive retaliation with nuclear weapons to inflict damage
unacceptable to the aggressor. Despite the escalation of tensions
between India and Pakistan, India had always stands on its nuclear
no-first-use- policy.

The India conducted nuclear tests in 1974. As a consequence, it was

subjected to severe international criticism and denial of technology
which had left it in an environment of international isolation. Export
of nuclear technology and material was highly restricted for India.
Among developing countries, India has the largest and unique
nuclear program, but shortage of fuel had been a main constrain for
its nuclear program. India has limited uranium reserves which could
be used as fuel in nuclear reactors and therefore access to foreign
fuel was a major concern. This needed a specific framework of policy
to be drafted, considering impeccable non-proliferation record and
credentials, to sought cooperation from other nuclear countries for
sustainable nuclear program.

The Indo-US Nuclear Deal Cooperation deal in 2008, gave way to

specific waiver of Nuclear Suppliers Group for India. It has entered
into various collaboration agreements with USA, Australia, Canada
and Russia. It gave India a status of nuclear and major power
internationally. Further, it assured access to clean, safe, reliable and
competitive source of energy for its growing economy which can

Introduction | 26
replace a significant part of the fossil fuels like coal, oil, gas etc.
Thereafter, several nuclear power plants have been set up in the
country. Another feature of India‘s Nuclear Policy includes civil
liability and payment of compensation to the victims of nuclear
accident through a no fault liability of the operator after the passing
of The Civil Liability for Nuclear Damage Act, 2010.

In the 21st century, global realities have altered the concept of

National security. While national security is a holistic concept,
energy security has emerged as one of its major components. As far
as India is concerned, energy security emanates from the growing
imbalance between the demand for energy and its supply from
indigenous sources resulting in increased import dependence. The
Indian economy is in need of energy resources like oil and natural
gas to grow fast. The domestic production of natural gas has not
matched the rising demand of energy resources. At present India is
mostly dependent on Persian Gulf Oil and that of Saudi Arabia to
meet its energy requirements. The heavy dependence on external
sources puts India at the risk of totally losing oil supply in case of
political crises in those countries. India needs a more coherent policy
to promote domestic energy use in a more efficient, environmentally
sustainable fashion. As energy deficient nation that wishes to
harness and atom for electricity generation, India is set to develop a
self-sustaining plutonium economy for it planned breeder reactors.
However, Nuclear power account only for small share i.e. only 3
percent of all energy sources but India has the potential and
intention to increase the share of nuclear power and to meet the
expiration of timing millions stricken by poverty and lack of basic
amenities. Therefore, providing adequate energy becomes
fundamental duty of the Government.

Introduction | 27
India‘s nuclear policy has evolved gradually rather than dramatically.
There is a need to develop a balance Nuclear Policy of India which is
cautious in advancing its nuclear weapons arsenal, nuclear arms
control and disarmament agenda. For India‘s nuclear energy sector
to be more effective at the domestic level, the government should lift
the veil of opaqueness surrounding its civilian program by
establishing autonomous, transparent and accountable regulatory
institutions. The expansion of India‘s civilian nuclear program
demonstrates that it has given scant attention to developing
adequate legal framework for managing serious environmental
problems associated with nuclear energy generation such as waste
management and liability. Without a comprehensive and cohesive
international regime on nuclear energy, these issues present serious
environmental concerns, both locally and globally.

1.4 OBJECTIVE OF THE STUDY

The primary objective of the study is to scrutinize the concept of

Nuclear Policy of India and how it proceeds into the prevailing
discourses in the emerging and compelling issues of No- First-Use
policy of nuclear weapons, disarmament, energy efficiency, energy
security, energy poverty coupled with environmental security and
sustainable development, civil liability for nuclear damage.

Since its formative years; India has adopted the policy of non-
alignment on the sound and progressive lines. The substance of
Indian policy that took shape early in the international history of
nuclear energy development was to pursue a multi-dimensional
nuclear energy programme that would be committed to the peaceful,
non-military uses of nuclear energy, but would retain its

Introduction | 28
independence within the larger context of working politically towards
the goal of universal nuclear disarmament.

India‘s decision for strengthening its nuclear capabilities is not

because of its neighboring countries specifically Pakistan and China
are developing their nuclear program; but the real cause is
multidirectional approach to serve the purpose of economic
development and further diplomatic relations among nations. India
conducted its first Nuclear Test in 1974 to exhibit its presence in the
Sub Continent. The test was declared peaceful at the time; however
as a result India was excluded from Non-Proliferation Treaty due to
its acquiring nuclear weapons capability. For more than thirty years
India was excluded from trade in nuclear materials, which has
hampered its development of civil nuclear energy until 2008 when
India and United States entered into Indo US Civil Nuclear
Agreement.

In spite of not being part of Non-Proliferation Treaty and the

Comprehensive Test Ban Treaty, the Nuclear Supplies Group and the
International Atomic Energy Agency approved Indian Nuclear
weapons programme. India is now on the verge of operationalising its
‗nuclear triad‘ in the year 2013 with the nuclear submarine INS
Arihant, it has successfully tested its first Inter Continental ballistic
Missile, Agni V, with a range of 5,000 kilometres. But India
maintains a no first use nuclear policy and has been developing
nuclear triad capabilities as a part of its credible minimum
deterrence doctrine.

Further in reference to nuclear energy, India has a flourishing and

largely indigenous nuclear power program and expects to have
14,600 MWe nuclear energy from its Nuclear Power Plants by 2020.

Introduction | 29
The development of nuclear power is not with the direct and obvious
end to developing weapons and announcing military might. There is
a deeper discourse regarding the need to embrace science and
harness technology and use them as tools of progress, development
and regional security. The contribution of nuclear power can make in
the overall energy security of the country in the long term and in a
sustainable way. Since the international order is being dominated by
economic and developmental issues and energy seem to be the chief
driver for this. Therefore, role of nuclear power in making India self-
reliant in the energy has been analysed. To make India energy
efficient nuclear energy as an alternate source can play can play vital
role in mitigating the energy shortage. Hence the importance and
development of vast potential of nuclear power to ensure India‘s
energy security has been investigated. Nuclear power is an
underappreciated marvel of modern technology that harness and
amplifies a natural process to help satisfy civilization‗s need for
energy.

Further, The Civil Liability for Nuclear Damage Act, 2010 financially
and legally binds the operators and the Central Government to pay
prompt compensation to the victims of a nuclear incident through a
no-fault liability regime channeling liability towards the operator,
appointment of Claims Commissioner, establishment of Nuclear
Damage Claims Commission for deciding the claims having regard to
the injury or damage caused by a nuclear incident.

Over the years India has carved out for itself an image, which is that
of a peace-loving nation and a reluctant nuclear power thrust by
circumstances into the realm of nuclear high politics. There is a need
to frame an effective and acceptable nuclear policy propagating
peaceful use of nuclear energy. There is a need to develop and

Introduction | 30
deploy cleaner, more efficient, affordable and diversified energy
technologies to deal with the environmental implications of energy
consumption. Present study is focused on analysis of Nuclear Policy
and Law accordingly the judicial interpretation in respect to
environment protection, cases related to Humanitarian and Human
Rights Law are not dealt in detail.

1.5 HYPOTHESES

1. The International Humanitarian Law perspective of Indian

Nuclear Policy requires a commitment of government,
international organisations, institutes and forums to make
efforts for reduction of nuclear weapons.

2. Indian Nuclear Policy in reference to civil nuclear energy

requirement; is beyond international obligation in respect to
economic development and energy security.

3. Indian Nuclear Policy is not comprehensive in nature to

counter global challenges and to protect security threats as
well as domestic interests.

4. The Indian Nuclear Policy is subject to judicial review in its

perspective to consider constitutional and other related aspects
to ensure effective implementation of legal norms.

5. Indian Nuclear Policy in reference to defence strategy is based

upon the No First Use Policy and use of nuclear weapons only
in case of Self Defence.

1.6 RESEARCH QUESTIONS

1. What is the historical development of the Nuclear Policy of

India and how it is different from the Nuclear Policy of other
states?

Introduction | 31
2. What is the need and rationale behind developing and
implementing a suitable Nuclear Policy in India?

3. What is the distinction between the legality and illegality for

the use of nuclear weapons in view of the India‘s policy of
‗retaliation only‘ in regards to credible minimum nuclear
deterrence?

4. What is the Indian Nuclear Doctrine and what should be the

policy for Nuclear Weapons?

5. Has the Indo-US civilian nuclear deal helped in augmentation

of India‘s nuclear energy program?

6. What are the prospects for nuclear energy development in

India?

7. What are the existing legal and institutional structures in India

and the need to build a nuclear regime in the country that
would be more responsive and accountable to the concerns
and needs of the public?

8. Whether the existing legislation concerning Nuclear Energy in

India meets the international standards?

9. Whether the provisions of the Civil Liability for Nuclear

Damage Act 2010 in providing prompt compensation to the
victims of a nuclear incident is just and comprehensive?

10. Whether the Indo US Nuclear Deal, 2008 paves the way for
peaceful use of nuclear energy in India?

11. Whether there is a need for a comprehensive legal framework

to promote and attract private investments in nuclear sector?

12. How can the international civilian nuclear energy industry

become more involved in the non-proliferation/disarmament
debate?

Introduction | 32
13. How the nuclear incidents lead to serious environmental
problems associated with nuclear energy generation?

1.7 RESEARCH METHODOLOGY

Law is a multidisciplinary subject. So for research purposes

descriptive form of research methodology is preferred. It has been
studied by scholars from a wide range of disciplines: political science,
sociology, history, psychology, anthropology, economics and
administrative studies. Rapidly developing technological facilities
render the methodologies in use more dynamic than ever.

The work is based on the library research, content analysis and

desk research. For this purpose the both types of data from primary
and secondary sources has been used. Primary Sources include
different Treaties on World Nuclear Policy. The secondary sources
include the literature available in the form of books in the libraries.
The journals, newspapers, magazines, websites various institutions
and think tanks have been used. Maps, tables and figures have
been provided.

1.7.1 Tools of the Data Collection:

1.7.1.1 Primary Sources

a. Legislations, Bare Acts

b. Rules, regulations, orders and by-laws
c. Conventions
d. Bilateral and Multilateral Agreements and treaties
e. Foreign Affairs Record
f. Selected Parliamentary Debates
g. Annual Reports (Ministry of External Affairs and Ministry of
Defence)

Introduction | 33
1.7.1.2 Secondary Sources

a. Text- books, Reference books

b. Legal Commentaries
c. Encyclopaedias
d. Digest and Journals
e. Articles
f. Newspaper Clippings
g. Online resources like SCC Online, Westlaw, Jstor

The present study is based on methodological approaches, such

as the descriptive, comparative cum analytical, which has been
applied to understand the potential of nuclear power in the
energy security of India. Further an effort has been made to
compare all the available energy resources for the realization of
vital strategic national objective. The importance of nuclear power
in energy security vis-à-vis other traditional sources of energy has
been evaluated. It is a dual use technology that is the security
aspect but in this study emphasis is on civilian nuclear power
development.

1.8 LIKELY CONTRIBUTION OF THE STUDY

There has been a plethora literature on Foreign Policy and Nuclear

Policy of India. Besides these there are incredible contributions by
various eminent professors, jurists and legal luminaries of the world.
Nonetheless, some jurists are of the opinion that this branch of law
is still in its embryonic stage. Moreover, there are certain issues in
this ever growing field of law which is witnessing velocity of the time.
One of such issue is the payment of compensation to the victims of
nuclear disasters by getting legal backing under the Civil Liability for
Nuclear Damage Act 2010. Since time immoral, when there is
question of formulating legal principle, statute or regulation huge

Introduction | 34
amount of thought process is involved, and that thought process
ultimately leads to intent of the legislature. Almost, around seven
decades long discussions on the issues of nuclear disarmament,
nuclear energy issues, and environmental issues have been going on
and some conceivable and logical approaches have come up in this
context. An attempt and endeavour, rather it is a quest of the
researcher, is to analyze this concept in the light of research done by
the various scholars. Further to foresee the consequences and the
repercussion which the global community could face after its
incorporation in the international and national legal landscape. The
researcher would further like to shape the research in such a way
that it would add to the valuable contribution on the subject matter
related to peaceful development of civil nuclear energy programme.
The researcher hopes that the research would make a valuable
contribution for the balanced development of nuclear energy laws in
India and the World. Though there exists vast materials, no in depth
study has been conducted from the angle which researcher proposes
to pursue that too in view of the changing governmental policy in
context of new emerging necessities.

1.9 REVIEW OF LITERATURE

Review of existing literature is desirable to know what works have

been done in the area of the proposed research what has been still
open for further research. For the purposes of the research work, the
researcher has gone through a large number of books, seminar and
conference proceedings, law journals, and articles, write ups, book
reviews, reports, pamphlets, leaflets and newspapers etc. However,
an endeavour is made by the researcher to review some of the
prominent sources from where the researcher would be benefited.

Introduction | 35
The researcher hopes that as research work progresses; there will be
more number of publications. Researcher would make every possible
effort to make best use of the texts as well as the references. In the
following paragraph, the researcher has mentioned some of the
important that has been reviewed for the research.

1.9.1 R. Rajaraman, India’s Nuclear Energy Programme: Future

Plans, Prospects and Concerns, Academic Foundation, New
Delhi, 2014, ISBN - 978-9332700307

Nuclear energy is one of the most contentious areas of India's

technology policy today. This book contains state-of-the-art
discussions, by top experts, of a whole range of diverse issues that
constitute this complex subject. The topics discussed include public
concerns, such as reactor safety and radiation hazards; technical
issues, such as the use of breeder reactors and closed fuel cycles;
and legal issues, such as the regulatory bodies, major legislative
acts, international conventions, and rules. It brings together, for the
first time, expert contributions both from apex leaders of the nuclear
program and from those who have serious reservations about the
program. Arguments both for and against nuclear energy are given in
the book.

1.9.2 Stephen J. Cimbala, Nuclear Weapons in the Information

Age, Continuum Publishers, London, UK, 2012, ISBN-10: 1-
4411-8197-0

This book talks about today‘s information age, the coexistence of

nuclear weapons with advanced conventional weapons and
information-based concepts of warfare is a military contradiction.
Nuclear deterrence was initially predicated on geopolitical, military,
and technical assumptions. These were based on Cold War politics,
rational deterrence theory, the concept of mutual vulnerability, and

Introduction | 36
the fact that information and technology diffusion were limited.
Today, however, far from being obsolete, nuclear and other weapons
of mass destruction have not only survived, but have become
weapons for states that face security threats, including perceived
threats of nuclear blackmail, or expectation of conflicts. This study
focuses on this unplanned coexistence of two distinct arts of war,
including the possibility that states like the U.S. may be held hostage
to nuclear blackmail by ―outlier‖ regimes or terrorists, such as North
Korea. It shows that restricting nuclear proliferation should still be
on the agenda of policymakers, and calls for a revitalized global non-
proliferation regime. This unique survey by a leading expert will
appeal to anyone interested in arms control, nuclear proliferation,
and defense policy.

1.9.3 Nawneet Vibhaw, Energy Law and Policy in India, Lexis

Nexis, Gurgaon, 2014, ISBN: 978-9351431855

Energy Law and Policy in India is a book which attempts to

introduce the law and policy which regulates the energy sector in
India. It is a book which not just gives an overview of the existing
legal framework but also introduces the reader to some concepts
relating to electricity as a human right, economics concepts
relating to electricity sector, nature of the energy transactions etc.
Some key aspects of the book are the international and national
climate change mitigation and adaptation initiatives and how it
impacts the energy sector; the law and policy relating to nuclear
energy, solar and wind energy and the oil and gas sector; the issue
of energy efficiency in buildings and the green rating systems and
most importantly an overview of the electricity law in India in the
form of the Electricity Act, 2003.

Introduction | 37
1.9.4 Harold A. Feiveson, Alexander Glaser, Zia Mian and Frank
N. von Hippel, Unmaking the Bomb, The MIT Press,
Cambridge, MA, 2014, ISBN: 9780262027748

This book explores, achieving nuclear disarmament, stopping

nuclear proliferation, and preventing nuclear terrorism are among
the most critical challenges facing the world today. This book is
proposes a new approach to reaching these long-held goals. Rather
than considering them as separate issues, the authors—physicists
and experts on nuclear security—argue that all three of these goals
can be understood and realized together if we focus on the
production, stockpiling, and disposal of plutonium and highly
enriched uranium—the fissile materials that are the key ingredients
used to make nuclear weapons.

The authors describe the history, production, national stockpiles,

and current military and civilian uses of plutonium and highly
enriched uranium, and propose policies aimed at reducing and
eventually eliminating these fissile materials worldwide. These
include an end to the production of highly enriched uranium and
plutonium for weapons, an end to their use as reactor fuels, and the
verified elimination of all national stockpiles.

1.9.5 Alistair Millar, Tactical Nuclear Weapons: Emergent threats

in an Evolving Security Environment, Potomac books,
Washington D.C., 2003

This book explores the arms control treaties providing a legal

basis for limiting and reducing long-range nuclear weapons since
three decades. However, thousands of sub-strategic, or tactical,
nuclear weapons (TNWs) are not monitored or controlled by any
existing treaties or formal agreements, even though they can pose
security risks equal to or exceeding those of strategic nuclear
weapons. As the world has seen, the rise of international

Introduction | 38
terrorism highlights the potential dangers of tactical nuclear
weapons. Because they can be relatively small and portable—
particularly but not exclusively in the case of so-called ―suitcase‖
bombs - tactical nuclear weapons are easier to transport and
more vulnerable to theft than other nuclear weapons. In
terrorists‘ hands, they would wreak havoc far surpassing the
devastation of September 11. According to the Department of
Defense, terrorists would most likely use a nuclear weapon
against either a military installation or a political target (a seat of
government, large population center, or commercial port city).
This possibility raises the stakes in the international effort to
control and reduce TNWs. Despite the critical need for a more
informed debate on the issues involving tactical nuclear weapons,
little has been published previously on this subject. To bring
more attention to this long-ignored danger, the book assembles a
cadre of ten experts who frame the debate on a multitude of
issues ranging from terrorism and arms control to the weapons
programs of Russia, India, Pakistan, and China.

1.9.6 Mohammed Badrul Alam, Indo-US relations Dimensions

and Emerging Trends, Shipra Publications, New Delhi,
2013 ISBN: 9788175416710

The book discusses and analyzes Indo-US relations and its wider
ramifications for South Asia and beyond. Through an in-depth
analysis and overview of available scholarly materials, the book
attempts to make a compelling case by going behind the various
facets of Indo-US relations. The book deals with important issues
and nuances of this relationship between the United States, the
oldest democracy and lone super power in the Post-Cold War era and
India, the largest and most vibrant democracy which is determined
to emerge as one of the upper tier countries. The book is generates

Introduction | 39
immense scholarly debate on issues related to Indo-US relations
while discussing broad parameters on the complexities and dynamics
of the bilateral relationship.

1.9.7 Dinshaw Mistry, the US-India Nuclear Agreement:

Diplomacy and Domestic Politics, Cambridge University
Press, New Delhi, 2014 ISBN: 1107073413

This book traces the history of Indo US Nuclear Deal from 2005 to
2008. The United States and India negotiated a path breaking
nuclear agreement that recognised India‘s nuclear status and lifted
longstanding embargo on civilian nuclear cooperation with India.
This book offers the most comprehensive account of the diplomacy
and domestic politics behind this nuclear agreement. Domestic
politics considerably impeded - and may have entirely prevented - US
nuclear accommodation with India; when domestic obstacles were
overcome, US–India negotiations advanced; and even after
negotiations advanced, domestic factors placed conditions on and
affected the scope of US–India nuclear cooperation. Such a study
provides new insights into this major event in international politics,
and it offers a valuable framework for analysing additional US
strategic and nuclear dialogues with India and with other countries

1.9.8 Dr. Bhupendra Kumar Singh, India’s Energy Security: The

Changing Dynamics, Pentagon Energy Press, New Delhi,
2010, ISBN- 978-81-8274-445-5

This book is an insightful, comprehensive and must-read for all

those connected with the topic of energy security. The book starts
with an introduction on the theme of energy security and attempts to
trace the evolution of concept of ‗energy security‘ and also questions
the need and relevance or the concept of energy security to India.
Chapter three and four explores the reasons which made energy
security as an agenda of India‘s National Strategy in 1973 and later

Introduction | 40
on the role of IEA in managing international energy security. After
describing constraints in Indian-Persian Gulf Relations, the author
has successfully explored the changing dimensions of India‘s Energy
Security.

1.9.9 Nalini Kant Jha, Nuclear Synergy: Indo-US Strategic

Cooperation and Beyond, Pentagon Press, New Delhi, 2009,
ISBN 978-81-8274-364-9

This book provides the impetus on availability of requisite

technology, transfer and co-operation that can be of help in the
furtherance of development of nuclear power as a source of
sustainable energy security. It also discusses the national plan on
energy security which has been recognized as key component of
India‘s foreign policy. Energy security has been recognized as an
important component of national security and Indian Government is
seriously embarking upon devising long term strategies for ensuring
energy flow for the country‘s development and growth.

1.9.10 P.R. Chari, Indo-US Nuclear Deal: Seeking Synergy in

Bilateralism, Routledge, New Delhi, 2009, ISBN 978-0-
415-62579-1

This is an edited book give deep analysis from the historical

background to the conclusion of the Indo-US civilian nuclear
energy deal. It is an insightful, comprehensive and topical volume
and must read for all those in the field of defence or security
studies, political science, international relations, strategic affairs,
conflict/peace studies and those interested in national affairs.
This book has 13 original essays by diverse group of scholars
discusses number of important issues and perspectives that has
helped in the conclusion of the Indo-US civilian nuclear
cooperation deal. At the time when in July 2005, US president
George Bush and Indian Prime Minister Manmohan Singh

Introduction | 41
announced their intention to conclude a peaceful nuclear
cooperation agreement, India was not party to Non-Proliferation
Treaty (NPT), a basic confusion in objectives and concealment of
vulnerabilities of India‗s Atomic Energy Program has created a
parlous situation, necessitating the current nuclear deal being
reached with the United States. The book has very lucidly
described the events and hurdles right up to October 2008, more
than three years later. In between, the US Congress has passed
the Hyde Act in end-December 2006, giving a free pass to India.
Later in March 2007, the 123 agreement (so called after relevant
sections the US Atomic Energy Act that needs amending).Three
further hurdles need to be crossed: India had to negotiate India-
specific Safeguards Agreement with the International Atomic
Energy Agency (IAEA); the United States had to persuade the
Nuclear Supplies Group (NSG) to amend the guidelines and make
India an exception to its mandate, and finally, the US congress
had to pass the 123 Agreement to incorporate the IAEA and the
NSG requirements. Appendix part of the book is also important as
various important documents, statements etc. related with the
main theme of the book are generally important to get into full
insight.

1.9.11 Harsh Pant, The US-India Nuclear Pact: Policy, Process

and Power Politics, Oxford University Press, London,
2011, ISBN- 9780198073963

Book analytically examines the US-India civilian Nuclear energy

cooperation agreement, concluded in 2008, is one of the most
discussed and significant issues to have emerged in Indian foreign
policy and international relations in recent years. The author has
brought his considerable analytical skills to bear upon a rather
complicated matter not only propagation of nuclear deal and its role

Introduction | 42
in India‗s nuclear power programme but also the role of
contemporary diplomacy in shaping the future of relation the two
countries in particular and the international order in the times to
come. He has further tried to highlight the systematic change
globally and successfully provided a fresh macroscopic perspective
on an event that promises to shape both non-proliferation regime
and great power politics. After highlighting the lengthy and
torturous process of negotiation that led to the conclusion of the
2008 US-India nuclear deal, the criticality of this important episode
has been highlighted. The author has done remarkable justice to
the key aspects in parts, discussing first the domestic determinants
of the deal which helped in creation of US-India Entente, then the
various levels at which negotiating process took place. Finally a
food for thought has been provided in the form of Nuclear Deal‘s
Challenge and the Non-Proliferation Regime. The debate continues
in India, the US, and beyond about the significance of the pact
under various guises. This will certainly allow academicians and
scholars to add more weight to the issues raised in this volume in
the coming times.

1.9.12 Arvind Gupta, K.D. Kapur and G Balachandran and Kapil

Patil, India’s Nuclear Energy Program: Challenges,
Prospects and Public Concerns, Pentagon Press, New
Delhi, 2014, ISBN 978-81-8274-781-4

This book has significantly dealt with India‘s Nuclear Energy

Program; challenge and prospects. Since the book has been written
by highly technical persons in the field of nuclear energy and also
the think tanks in the field, it provides significant insights in the
challenges and prospects India faces in its nuclear program. Post
Fukushima the public confidence in India‘s nuclear program has
been shaken. The book been successful in dealing with every issue

Introduction | 43
related with nuclear power plants. The safety of nuclear power plants
has been discussed in detail. Then other issues relating with impact
of environment on nuclear power plants in, nuclear waste
management strategy, radiation safety, and nuclear emergency
preparedness and lastly the contentious issue of Civil Nuclear
Liability in India has been dealt with in a very simple way.

1.9.13 Scott D. Sagan, “The Causes of Nuclear Weapons

Proliferation”, Annual Review of Political Science,
Department of Political Science, Stanford University,
Stanford, Vol. 14, June 2011, pp.225-244

This article is on critical review of the new political science

literature on the causes of nuclear weapons proliferation. It
consists of seven parts. The first section briefly presents what we
know about which states developed nuclear weapons and which
states started but abandoned weapons development programs.
The problems that result from uncertainty about the accuracy
and completeness of the data are highlighted. The second and
third sections review the literature on the spread of the technical
capability to develop nuclear weapons. We still lack robust
knowledge about the relationship between the development of
civilian nuclear power programs and nuclear weapons
acquisition. The next two sections review the literature on the
demand for nuclear weapons. Comparative case studies and
statistical studies have improved our understanding of the
diversity of motives for weapons development and restraints, but
serious gaps in our knowledge remain. The sixth section outlines
alternative theories about the potential impact of the nuclear
Non-Proliferation Treaty (NPT) on nuclear weapons programs
decisions. Finally, it lays out a future research agenda to address

Introduction | 44
the weaknesses in our current understanding of the causes of
nuclear proliferation.

1.9.14 M.P. Ram Mohan, Akshay Shandilya, “Nuclear Energy and

Risk Assessment by Indian Courts: Analysis of Judicial
Intervention in the Kundankulam Nuclear Power
Project”, Journal of Risk Management, Vol. 4, No. 1, May
2014

The articles emphasis on judicial intervention on nuclear energy

safety discourse in India. The debate on the Civil Liability for
Nuclear Damage Act 2010 in the Parliament and the 2011
Fukushima nuclear accident in Japan provoked public
apprehension about nuclear safety in India. The
Kudankulam nuclear Power Project (KNPP) in South India became
the flash point. The localized agitation against the project
consequently gained momentum and was taken up aggressively by
civil society groups citing safety compromise on various technical
parameters. Though the government constituted expert committees
to assuage any misgivings, the matter, however, was challenged
before the Madras High Court and as appeal before the Supreme
Court of India. The former assured safety and legality of the project
and the latter endorsed this view, with supplemental directions,
determining the superiority of expert committees who
unequivocally concluded that the project was safe. The Courts
similarly converged on the issue that the project was of national
importance. On the access to project information, though the
Central Information Commission ordered to make public the KNPP
site and safety evaluation reports, however, Nuclear Power
Corporation appealed to the Delhi High Court arguing the
information was proprietary and obtained a stay order.

Introduction | 45
1.9.15 Lincoln L. Davies, “Beyond Fukushima Disasters, Nuclear
Energy and Energy Law”, Brigham Young University Law
Review, Vol. 2011, pp. 1937-1989

This article reviews the precarious position held by nuclear power

in our energy landscape. In the aftermath of the meltdown at
Fukushima Daiichi in Japan, the question of nuclear power‘s
future is as pressing as ever. Using Fukushima as a template,
this article examines the role that disasters play in
shaping energy law and policy. It argues that by focusing on
disasters, energy law becomes short sighted. Its evolution is often
reactionary and incremental — reactionary because changes in
the law respond only to the immediate crisis, incremental because
those changes do not address the crises‘ root causes. As
Fukushima makes clear, this exposes a dual flaw in U.S. energy
policy: Our energy laws need to look more to sustainability, and
they must include heavier doses of planning. The article begins by
sketching the events that caused the Fukushima disaster, tracing
three nation‘s reactions to it, and then conceptualizing the role
that disasters play in energy law.

1.9.16 B. Ramesh Babu, “Friends, Not Allies: India-US Equation

in the 21st Century”, The IUP Journal of International
Relations, Vol. VII, No.3, July 2013, pp.7-17

This articles analyses India- US equation in the last six decades

which has gone through many ups and downs, mostly downswings
till the 1990s. The transition of India- US relations from ‗divergence‘
in essence in the 1950s to considerable ―convergence‖ by the
beginning of the 21st century is indeed a fascinating, complex and
compelling story. Today, the two countries can be called ―friends, not
allies‖. By way of contrast, Pakistan and the US can be seen as
―allies, not friends‖. Two decades of liberalization and globalization

Introduction | 46
since 1990s has brought the two ―estranged democracies‖ closer
than ever before. As the reform process widened and deepened
(under successive governments), the country moved closer to the US
ideologically and politically at home and abroad. The most significant
development in the growing proximity between the two countries
since the 1990s is the India- US Nuclear Deal. However, Indo -
US cooperation in this sector is at a dead end now. Since the time of
President Clinton, the number, variety, scope of the ever-growing
linkages (called initiatives, dialogues, agreements, partnerships, and
joint military exercises, etc.) between the two sides are staggering
indeed. Though the two countries have no territorial or fundamental
conflicts to keep them apart, both governments are wary of each
other on many counts and do not see eye to-eye on most of the
crucial challenges confronting the world today. Convergence at the
cosmic level and divergence at the concrete level will continue to be
the key hassle in India- US relations at the present and in the future.
This paper takes a close look at the India- US equation in 21st
century.

In the light of the above review of literature, the researcher can

reiterate that there is a considerable gap in the research literature
available on the subject. There are large number of books, articles
published in law journals, reports, periodicals, write ups published
in newspapers etc. etc. available in many leading libraries. Gaps are
always left in the research even after the availability of so much
material on the topic. Thus, by way of presenting my research work
in the form of a Ph.D. thesis, I intend to fill the gap by doing my bit
on the subject.

Introduction | 47
1.10 CHAPTERISATION PLAN

Chapter One of the research work is introductory in nature which

gives out a synopsis of the historical development of the Foreign
Policy of India and its various ingredients. Further it also talks about
the Nuclear Policy of the India in the light of security policy, credible
deterrence, self-reliance, disarmament, nuclear energy, nuclear
accidents and compensation. Also the status no first use of nuclear
weapons by India being a non-signatory to Nuclear Non-Proliferation
Treaty (NPT),38 development of nuclear energy in the wake of
depleting non-renewable sources of energy; is discussed by the
researcher in detail. This chapter also discusses the research
methodology being used by the researcher and what is the likely
contribution of the study. The discussion of the review of the
literature also finds a mention in this chapter.

Chapter Two is titled Nuclear Weapons and Nuclear Doctrine. This

chapter seeks to explore the historical background of India‘s position
on nuclear weapons and national security. India has sought
disarmament as the preferred option for India‘s nuclear security
since it believes that nuclear weapons are not so much military
weapons but are a political tools for deterrence.39 It was clear to
security and policy thinkers that a nuclear free world would provide
the best security for India. This has been the cornerstone of India‘s
undeclared nuclear security policy. India has sought global
disarmament and international guarantees, both of which were not
acceded to by the great powers. Hence, India distanced itself from the

38 Stephen F. Burgess, ―India and South Asia: Towards a Benign Hegemony‖,

Harsh V. Pant (ed.), Indian Foreign Policy in a Unipolar World, Routledge,
New Delhi, 2013 pp. 231-250.
39 Stephen P. Cohen, Why did India ―Go Nuclear‖? in Raju G. C. Thomas and
Amit Gupta (eds.) India’s Nuclear Security (Boulder, Lynne Riener), pp. 13-
36

Introduction | 48
Nuclear Non-Proliferation Treaty (NPT) and later took on a similar
principled stand on the Comprehensive Test Ban Treaty. India has
consistently maintained that the non-proliferation regime with NPT
as its consequences are unequal, discriminatory, fails to provide
security of safeguards and denies the peaceful uses of nuclear
energy. The researcher in the second chapter discusses India‘s
Nuclear weapons option since it has always maintained that India‘s
nuclear weapons capability is meant only for self-defence and seeks
only to ensure that India‘s security, independence and integrity are
not threatened in the future. A brief history and reasons for
possession of nuclear weapons by India has been discussed. The
nuclear debate regarding whether India should go nuclear or not
began in the mid-sixties after China‘s attacks on India in 1962 and
afterwards its first nuclear test in Lop Nor in which political parties,
scientists and the intelligentsia have been involved has revolved
around the following strands of ideas:40

1. Unequivocal support for a nuclear weapon programme;

2. Preference for nuclear option, and
3. Opposition to nuclear weapons under most circumstances.

The researcher in this chapter also discusses in detail the

development of nuclear weapons program starting from 1944 to
development of nuclear weapons for tests at Pokhran in 1974 and
1998. The sanctions imposed on India after the second nuclear tests
have been discussed. Also the development of nuclear weapons
program after the historic Indo US Nuclear Deal and the changed
attitude of the Nuclear Supplier‘s Group has been discussed in
detail. The researcher has also discussed the impeccable non-

40 John W. Garver, Protracted Contest; Sino-Indian Rivalry in the Twentieth

Century, University of Washington Press, Seattle, 2001, pp. 117-120

Introduction | 49
proliferation credentials of India being a non-signatory to the Non-
Proliferation Treaty and its committal towards non-diversion of any
nuclear material designated for civilian use for other purposes or to
export to other countries. India remains committed to pursuing
global, nuclear disarmament with a view to creating a nuclear
weapon free world and a non-violent world order.

Chapter Three is titled Indo-US Nuclear Deal and its Impact on

Policy Making. In this chapter the researcher examines how the
United States and India negotiated a historic and politically
contentious civilian nuclear agreement. The agreement changed long
standing US laws and non-proliferation regime guidelines to
recognize India‘s nuclear status. The researcher has thoroughly
examined the politics of the agreement drawing upon the well-
established framework of two-level games that combine diplomacy
with domestic politics, to explain key puzzles in the US-India nuclear
dialogue.

The chapter discusses how domestic factors influence international

negotiations and how they affected US nuclear talks with India. It
clarifies why several phases of negotiations were necessary to finalise
the agreement and why, in each phase, both sides could only accept
certain terms for nuclear cooperation. The origin of the agreement
from 1998 to 2005 is examined then negotiations for India‘s nuclear
separation plan in late 2005 and early 2006. US-India talks on
Section 123 Agreement in 2007 and Indian domestic politics that
held up the nuclear agreement in 2007-08. India‘s negotiation on
safeguards pact with International Atomic Energy Agency (IAEA) has
been discussed in detail in the chapter. The researcher also
examines the military and energy aspects of India‘s nuclear program
and non-proliferation issues in the nuclear agreement. The

Introduction | 50
framework for the agreement was agreed in 2005.41 Soon the
inspection of 35 civilian nuclear installations, which had been
identified as ―civil‖ in the separation plan, began in a phased
manner.42 This made India the only country with nuclear weapons
which is not a party to Non-Proliferation Treaty (NPT) but allowed to
nuclear commerce with the rest of the world. The NSG was formed
after India‘s first nuclear test in 1974 and was meant to isolate India
on nuclear commerce. It forced India to develop its own technology
based on the resources available in the country. Being rich in
thorium (25% of world‘s thorium)and rather low in uranium (only 1%
world share), Indian nuclear activities were guided by the three stage
nuclear power program so as to use thorium as the main input
rather than uranium, which is the conventional choice.43

Each phase of the nuclear agreement, bureaucratic politics,

legislative opposition, and domestic mobilisation significantly
influenced both the US and Indian negotiating positions. These
factors required the US and Indian governments to proceed step by
step, over seven phases, to advance the nuclear agreement.44
Moreover, in each phase, both sides had to compromise on the scope
of nuclear cooperation to retain the agreement within their respective
win-sets.

Chapter Four is titled Nuclear Policy and Civilian Nuclear Power. In

this chapter the researcher discusses how India has developed its

41 The deatials of the joint statement between the US President, George W.

Bush, and the Indian Prime Minister, Manmohan Singh, signed on 18th
July 2005. Available at http://www.whitehouse.gov/news/
release/2005/07/20050718-6.html. Last accessed on 29th November
2016.
42 David Victor, ―Nuclear Power for India Is Good for Us All‖ International
Herald Tribune, March 17, 2006 at p.14
43 Sumit Ganguly and Dinshaw Mistry, ―The Case for the US-India Nuclear
Agreement‖ World Policy Journal 23, no. 2, 2006, pp. 11-19.
44 Harsh V. Pant, 2011, The US-India Nuclear Pact: Policy Process and Great
Power Politics, Oxford University Press, New Delhi, p.38.

Introduction | 51
nuclear energy sector almost entirely by its own efforts. In the
process, it has mastered the complete nuclear fuel cycle ranging from
the mining and enrichment of uranium, fabrication of reactors,
separation of plutonium from spent fuel, to the numerous practical
applications of nuclear energy for peaceful purposes.45 India‘s
commitment to nuclear power continues to be ambivalent. It is
surprising considering India was one of the earliest countries to
embrace nuclear power and built up the necessary infrastructure,
starting from uranium mining to nuclear waste management. In spite
of the initial enthusiasm and commitment, progress in building
nuclear power stations slowed and a few years back almost stood
still. The reasons are many including reactor accidents such as
Chernobyl and also the embargoes imposed by Nuclear Suppliers
Group (NSG) because of India‘s decisions not to sign NPT.46 The
researcher also discusses the aftermath of the signing of the Indo-US
Nuclear Deal, embargoes were lifted and the supply of uranium has
begun. There are also local agitations against building reactors in
their vicinities. Fukushima Daiichi accidents have not helped either
in public accepting nuclear power as safe. Both the Planning
Commission of India and the Atomic Energy Commission are
committed to building more nuclear power stations in the coming
years. According to them, by 2020 India would have 20 GW of
nuclear power and by 2050 the capacity should be as high as 208
GW. Nuclear energy has been given importance with the conclusion
of the Indo–U.S. Civilian Nuclear Agreement.47 The Agreement has
also enabled India to envision a possible and realistic future of
nuclear energy as it can now trade in civilian nuclear energy with

45 IDSA Task Force Report, Development of Nuclear Energy Sector in India, New
Delhi: IDSA, 2010
46 Ramakrishna Pardhan, Energy Security and Nuclear Dilemma: India’s Clean
Energy Options, World Focus, Vol. 34, No. 03, March 2013, p.44
47 R.B. Grover and N. Nagaich, Nuclear Plans: Augmenting Generation and
Indigenous Manufacturing Capacity, Power Line, January 2012

Introduction | 52
various Nuclear Supplier Group (NSG) countries. The deal has made
it possible for India to sign civilian nuclear agreements with
countries like France, Russia, Canada, Australia, Kazakhstan and
most recently with Japan. With the operationalisation of the deal,
over three-decade old embargo on export of nuclear reactor, fuel and
related parts and technologies was legally lifted, placing India in a
position to import these items from the cheapest source. The
researcher has also discussed nuclear energy is considered to be a
viable source of energy is because it is a clean source of fuel which
will help reduce carbon emissions in the future. In addition to
reducing emissions, water requirements for drinking purposes can
be fulfilled by using nuclear power to desalinate sea water. For
reactors near the sea, desalination plants would be used to turn sea
water to industrially usable water. In addition to this, given the high
energy requirements in desalinating sea water, nuclear power could
be used to make potable drinking water.

Chapter Five is titled Nuclear Civil Liability Regime and Legislative

Framework. The emphasis of this chapter is to explore the
environmental concerns about carbon emission, radioactive waste
management at the time of nuclear accident. The need to protect the
victims of such incident or accident by a third party liability regime
and to give compensation to persons if they suffer nuclear damage as
a result of a nuclear incident have been delved upon.

The Indian experience with operation of nuclear power plants (NPP)

has been quite successful and incident-free.48 This has been partly
due to the technology used as well as the strict control over NPP
operations, primarily as a result of such operations being strictly in
the public domain with the operating personnel being trained under

48 A. Vinod Kumar and Kapil Patil, Resolving India’s Nuclear Liability Impasse,
Defence Studies and Analyses, December 06, 2014.

Introduction | 53
a strict regime. Nevertheless, as the number and types of NPPs
increase with the entry in nuclear power generation of private players
as well, India considered establishment of domestic legal
mechanisms to provide compensation to victims of any possible
nuclear incident.

The researcher has examined that from the early days of nuclear
power, States that began to engage in nuclear related activities
concluded that general tort law is not an appropriate instrument for
providing a liability regime adequate to the specifics of nuclear risks,
and they have enacted special nuclear liability legislation. Further,
States recognised at an early stage that the possibility of
transboundary nuclear damage required an international nuclear
liability regime. Over the period of time, a number of international
conventions, at both regional and international level, came into
being, with many of them undergoing amendments over time, as is to
be expected. The provisions of 1963 Vienna Convention on Civil
Liability for Nuclear Damage which came into force only in 1977 have
been discussed. The 1988 Joint Protocol Relating to the Application
of the Vienna Convention and the Paris Convention (the Joint
Protocol) which came into force in 1992 and The 1997 Convention on
Supplementary Compensation for Nuclear Damage, which is yet to
come in force, have also been discussed.

Chapter Six is titled Conclusions and Suggestions. In the last

chapter various findings on different aspects of Nuclear Policy of
India have been summed up. Some suggestions on various aspects of
the Nuclear Doctrine have also been attempted. Nuclear policy of a
country was until a few years ago a closely guarded secret as it was
concerned with National Security Strategy of a country. In early
years after independence, India initiated values of peaceful co-
existence, non-violence, and non-alignment and since then, it has

Introduction | 54
been supporting and promoting these values. In the 21st century
India has a well-conceived, comprehensive and sustainable nuclear
policy that deals with the No First Use of nuclear weapons, energy
security holistically, from political, diplomatic, economic and
strategic perspectives. The whole concept of India‘s Nuclear Policy is
so elusive that no one can say for certain that, such a policy is the
best and an infallible one. In the arena of international power politics
the unthinkable can happen rendering the most well planned and
thought out policy formulation topsy turvy. In my concluding
analysis the researcher has endeavoured to fill in certain gaps that
seem to be evident in the Nuclear Doctrine and other components of
the Nuclear Policy of the country. The researcher has summed up by
analysing different issues that are to be delved deeper while
formulating the country‘s nuclear policy, which is of course to have
an affordable minimum credible deterrence.

In short, the present study is intended to study various aspects of

the Nuclear policy of India. The study will focus on various aspects of
Nuclear Weapons, Nuclear Energy, Civil Liability Regime and
Compensation to the Victims of Nuclear Accident. In the process, the
endeavour of the researcher will be to identify the problems
encountered in the making of Policy in the sensitive issues such as
Nuclear Policy and necessity or otherwise of solution of these
problems for the promotion of justice.

Introduction | 55