Clearance required for State Ministers’ foreign trip
26-08-2023
12:34 PM
What’s in today’s article?
- Why in news?
- What is the process that CMs and state ministers must follow in order to be able to travel abroad?
- What is political clearance?
- Are any other clearances needed?
- Instances when requests by CMs/ministers for political clearance was denied
- Do judges need clearance for foreign trips?
Why in news?
- The Centre has informed the Delhi High Court that Delhi Education Minister Atishi has been cleared to travel to the UK next week.
- Atishi has been invited by Cambridge University to speak at a conference on June 15 in her official capacity.
- She had moved the court seeking directions to the government to decide on granting her political clearance before it is too late.
- Earlier, in July 2022, Delhi CM was unable to attend the World Cities Summit in Singapore.
- This was after the Centre delayed the required political clearance beyond the deadline for acceptance of the invitation.
What is the process that CMs and state ministers must follow in order to be able to travel abroad?
- Inform the Cabinet Secretariat and the Ministry of External Affairs (MEA)
- As per the 2015 circular, the Cabinet Secretariat and the MEA should be kept informed of the proposed foreign visit, either official or private, of Chief Ministers and Ministers of State Governments/Union Territories.
- Prior political and FCRA clearances are mandatory
- Before informing the Cabinet Secretariat, prior political clearance and FCRA (Foreign Contribution Regulation Act) clearance are mandatory.
- In case of Chief Ministers and Ministers of state governments, a copy of the application must also be sent to the Secretary, Department of Economic Affairs (DEA).
What is political clearance?
- Political clearance comes from the Ministry of External Affairs (MEA). This is required not only for public servants but any government servant for a foreign trip.
- The decision to grant political clearance is taken based on multiple factors such as:
- the nature of the event,
- the level of participation from other countries,
- the kind of invitation that has been extended, and
- India’s relations with the host country.
- Since 2016, applications can be made for e-political clearance, on the portal epolclearance.gov.in.
- The concerned ministry and the Department of Economic Affairs (DEA) entertain an application only if political clearance from the MEA is attached with the request.
- Without this clearance, no public servant can go abroad.
Are any other clearances needed?
- Different officers need different additional clearances.
- Chief Ministers, ministers of state governments and other state officials also need clearance from the Department of Economic Affairs.
- For Union ministers, after getting political clearance from the MEA, additional clearance is needed from the Prime Minister, whether the trip is official or personal.
- Lok Sabha MPs need clearance from the Speaker, and Rajya Sabha members from the Chairperson (Vice President of India).
- For officers of various ministries up to Joint Secretary level, clearance is given by the minister concerned, after political clearance.
- For those above that rank, the proposal needs approval of a screening committee of secretaries.
- Rules vary according to the duration of the visit, the country to be visited, and the number of members in a delegation.
- If the foreign trip involves the hospitality of organisations other than those of the UN, FCRA clearance is needed from the Home Ministry.
- For MPs, it is not obligatory to inform the Lok Sabha/Rajya Sabha secretariat if the trip is private.
- For government employees, all foreign trips, official or personal, need approval.
Instances when requests by CMs/ministers for political clearance was denied
- There had been many instances in the past when centre denied political clearance.
- In October 2019, the then Delhi CM had to address a conference in Denmark through videoconferencing, as the Centre denied clearance to a trip there.
- Earlier, the MEA had denied political clearance to trips by then Chief Ministers Tarun Gogoi (Assam) to the US and Israel, and Arjun Munda (Jharkhand) to Thailand.
Do judges need clearance for foreign trips?
- For official foreign travel, the proposal by a Supreme Court or High Court judge is sent to the Department of Justice (DoJ).
- This is done after taking clearance from the Chief Justice of India.
- The DoJ, after taking political clearance from the MEA and in some cases from the Home Ministry (when FCRA is involved), issues approval.
- Political clearance from the MEA was needed even for personal trips until February 2010, when the DoJ decided to dispense with this necessity in case of private visits.
- Judges do not need clearance for personal foreign trips.
Q1) What is Department of Economic Affairs (DEA)?
The Department of Economic Affairs (DEA) in India is a part of the Ministry of Finance. It is responsible for formulating and implementing various economic policies and programs in the country. The DEA plays a crucial role in the management of public finances, fiscal policies, international economic cooperation, and multilateral and bilateral economic relations. It also deals with matters related to foreign investments, external commercial borrowings, and economic reforms.
Q2) What is Foreign Contribution Regulation Act (FCRA)?
The Foreign Contribution Regulation Act (FCRA) is an Indian legislation that regulates the acceptance and utilization of foreign contributions and funds by individuals, associations, and organizations in India. It was enacted in 2010 and subsequently amended in 2020. The FCRA aims to ensure that the receipt and utilization of foreign contributions or funds do not adversely affect the political and economic sovereignty of India. It sets rules and guidelines for receiving foreign contributions and mandates registration and prior approval from the government for certain entities.
Source: Atishi cleared to fly to UK: Why do state Ministers need Centre’s OK to travel abroad? | Live Mint | Indian Express | The Hindu