India?s right to conduct nuclear tests remains unhindered, but the text of the Indo-US civilian nuclear agreement?unveiled jointly by both countries on Friday?contains sufficient clauses aimed at constricting New Delhi?s elbow room on the scope of future testing.

Article 14 of the draft agreement, which addresses issues relating to termination and cessation of co-operation, says either party has the right to terminate the agreement in the event of changed security environment. That is, if India conducts an atomic test. While making it clear that the right of return ?would have profound implications for their relations?, the agreement does provide for a consultative mechanism as a fallback option. Before the agreement is terminated, the two countries ?shall consider the relevant circumstances and promptly hold consultations? to ?address the reasons cited by the party (country) seeking termination?, it said.

If the agreement is terminated, the US will have the right to require the return of ?any nuclear material, equipment, non-nuclear material or components transferred? under the agreement as also any special fissionable material produced through their use. Both countries shall ?take into account the potential negative consequences of such termination on the ongoing contracts and projects initiated under the agreement of significance for respective nuclear programmes of either party,? the agreement said.

According to the agreement, if the US exercises its right of return, it shall ?promptly compensate? India for the ?fair market value thereof and for the costs incurred as a consequence of such removal?.

The agreement also makes it clear that New Delhi?s military nuclear programme will not be hampered. It commits the US to ensure uninterrupted fuel supplies to Indian reactors even if it terminates its co-operation, besides pledging help in creating strategic fuel reserves for Indian safeguarded nuclear agreements. The agreement makes it incumbent upon the US to work with the Nuclear Suppliers Group (NSG). The initial agreement is for 40 years, to be extended subsequently after every 10 years.

The agreement allows for transfer of sensitive nuclear technology and facilities, heavy water production technology and facilities and major critical components of such facilities.

It also mandates transfers of dual-use items that could be used in enrichment, reprocessing or heavy water production facilities will be subject to applicable laws, regulations and license policies in both the countries.