Non-Proliferation Treaty or NPTA dysfunctional judicial delivery system is a serious impediment to establishing the rule of law in our nation. Examine the statement in the context of the problem of case pendency and judicial vacancies in India. What reforms should be adopted to solve the issues of case pendency and judicial vacancies in India and whether digitalization can help in resolving these issues. Critically Examine
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty. North Korea, which was granted in 1985 but never came into compliance, announced its withdrawal from the NPT in 2003. The treaty defines nuclear-weapon states as those that have built and tested a nuclear explosive device before 1 January 1967; these are the United States, Russia, the United Kingdom, France, and China.
The NPT non-nuclear-weapon states agree never to acquire nuclear weapons and the NPT nuclear-weapon states in exchange agree to share the benefits of peaceful nuclear technology and to pursue nuclear disarmament aimed at the ultimate elimination of their nuclear arsenals. Several measures have been adopted to strengthen the NPT and the broader nuclear nonproliferation regime and make it difficult for states to acquire the capability to produce nuclear weapons, including the export controls of the Nuclear Suppliers Group and the enhanced verification measures of the International Atomic Energy Agency (IAEA) Additional Protocol.
|Signed||1 July 1968|
|Effective||5 March 1970|
|Non-parties||India, Israel, North Korea, Pakistan and South Sudan|
|Languages||English, Russian, French, Spanish and Chinese|
Objective of NPT
- to prevent the spread of nuclear weapons and weapons technology
- to promote cooperation in the peaceful uses of nuclear energy
- to further the goal of achieving nuclear disarmament and general and complete disarmament
Treaty structure (three-pillar system)
- the right to peacefully use nuclear technology.
|Article I||Each nuclear-weapons state (NWS) undertakes not to transfer, to any recipient, nuclear weapons, or other nuclear explosive devices, and not to help any non-nuclear weapon state to manufacture or acquire such weapons or devices.|
|Article II||Each non-NWS party undertakes not to receive, from any source, nuclear weapons, or other nuclear explosive devices; not to manufacture or acquire such weapons or devices; and not to receive any assistance in their manufacture|
|Article III||Each non-NWS party undertakes to conclude an agreement with the IAEA for the application of its safeguards to all nuclear material in all of the state's peaceful nuclear activities and to prevent diversion of such material to nuclear weapons or other nuclear explosive devices.|
|Article IV||Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.|
|Article VI||Each party "undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a Treaty on general and complete disarmament under strict and effective international control".|
|Article IX||"For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to 1 January 1967."|
|Article X||Establishes the right to withdraw from the Treaty giving 3 months' notice. It also establishes the duration of the Treaty (25 years before the 1995 Extension Initiative).|
All the Parties to the Treaty undertake to facilitate and have the right to participate in, the fullest possible exchange of materials, equipment, and scientific and technological information for the peaceful uses of nuclear energy. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing parts of the world.
India and NPT
- On 1 August 2008, the IAEA approved the India Safeguards Agreement and on 6 September 2008, India was granted the waiver at the Nuclear Suppliers Group (NSG) meeting held in Vienna, Austria.
- India has detonated nuclear devices, first in 1974 and again in 1998. India was among the few countries to have a no first use policy, a pledge not to use nuclear weapons unless first attacked by an adversary using nuclear weapons; however, India's recently signaled in "no first use" policy to "no first use against non-nuclear-weapon states". A doctrine reflected India's "strategic culture, with its emphasis on minimal deterrence".
- In early March 2006, India and the United States finalized a pact, in the face of criticism in both countries, to restart cooperation on civilian nuclear technology. Under the deal, India has committed to classify 14 of its 22 nuclear power plants as being for civilian use and to place them under IAEA safeguards.
- In December 2006, United States Congress approved the United States-India Peaceful Atomic Energy Cooperation Act, endorsing a deal that was forged during Prime Minister Singh's visit to the United States in July 2005 and cemented during President Bush's visit to India earlier in 2006. The legislation allows for the transfer of civilian nuclear material to India. Despite its status outside the Nuclear Non-Proliferation Treaty, nuclear cooperation with India was allowed on the basis of its clean non-proliferation record, and India's need for energy fueled by its rapid industrialization and a billion-plus population.
- India argues that the NPT creates a club of "nuclear haves" and a larger group of "nuclear have-nots" by restricting the legal possession of nuclear weapons to those states that tested them before 1967 but the treaty never explains what ethical grounds such a distinction is valid. India position: "If India did not sign the NPT, it is not because of its lack of commitment for non-proliferation, but because we consider NPT as a flawed treaty."
- In January 2011, Australia, a top-three uranium producer and home to the world's largest known reserves, had continued its refusal to export Uranium to India despite diplomatic pressure from India. In November 2011 the Australian Prime Minister announced a desire to permit exports to India, a policy change which was authorized by her party's national conference in December.