If the president has obtained all the necessary guarantees from the cooperating country when concluding a 123 agreement, the agreement will function as an ex ante agreement between Congress and the executive branch, meaning that the agreement will enter into force without Congress taking the necessary action. In concrete terms, the statute describes a request for an uninterrupted 90-day meeting, after which the agreement will enter into force when a joint resolution on the rejection of the agreement has been adopted.  “Civil nuclear cooperation `important looter` of India-France engagement: Sushma Swaraj,” The Economic Times, 17 November 2017. A proposed groundbreaking nuclear agreement between the United States and India raises questions and concerns in both countries. In a letter to U.S. Secretary of State Condoleezza Rice, Howard Berman, chairman of the U.S. House of Representatives Foreign Affairs Committee, warned that a waiver of the NSG with the 2006 Hyde Act would “endanger” the Indo-US. Nuclear agreement in the U.S. Congress.  Edward J. Markey, co-chair of the House Bipartisan Non-Proliferation Task Force, said there must be obvious consequences if India broke its commitments or resumed nuclear testing.  It is important that India play a proactive role in establishing and improving global mechanisms through bilateral engagement and multilateral discussions, so that states engaged in the civil nuclear industry are guided by strict guidelines and regulations. In addition to establishing new mechanisms or strengthening existing mechanisms, India should also advertise, which would allay fears not only in the national context, but also in nuclear energy supplier countries.
The presentation of India`s civil nuclear commitment policy and nuclear security policy itself could dispel many suspicions and concerns about India`s nuclear safety policy and practice. Even from the perspective of this complex history, 123 agreements can still serve today as a mechanism for responsible development of nuclear energy. For example, the 2008 nuclear agreement between the United States and India led India to dissolve its civilian and military nuclear sectors and put the former under IAEA protection. And in 2009, the United States signed a so-called gold standard 123 agreement with the United Arab Emirates, which guaranteed that the Uae would never seek to enrich or rework nuclear materials or technologies. The Jaitapur power plant, located in Ratnagiri, Maharashtra State (built under the 2008 India-France Agreement), was also rejected on the grounds that it would destroy about 938 hectares of eco-sensitive land.  A similar problem arose when, in January 2018, the Ministry of Environment and Forestry asked the National Green Tribunal to transfer a planned 6,000 MW nuclear power plant – the first under the 2008 Indo-American civil nuclear agreement – from the Gujarat coastal district of Kovvada, Andhra Pradesh, “due to delayed purchases at the Chhaya-Mitvirhi site.”  Protests also resulted in project delays, resulting in increased project implementation costs. India`s nuclear isolation ended with the signing of a civil nuclear agreement with the United States in 2005. The 1998 nuclear tests completely changed the context in which the United States interacted with India and the resulting negotiations were decisive for the signing of the agreement. The agreement facilitated a much deeper engagement between India and the United States, while amending the U.S.
national legal system to allow closer cooperation between India and the United States on civil nuclear energy issues. The 2005 agreement also called for a change in the global civilian nuclear framework, including the International Atomic Energy Agency (IAEA) and the NSG. The key outliers of the meeting between Prime Minister Manmohan Singh and President George Bush were reflected in a joint statement which spoke of the need to adapt U.S. policy in favor of a nuclear commitment