Clearance required for State Ministers’ foreign trip

• The Centre has informed the Delhi High Court that Delhi Education Minister has been cleared to travel to the UK next week.
• She 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.

Process that to be followed in order 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 for 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.

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.
  • Only if trip is official, Lok Sabha MPs need clearance from the Speaker, and Rajya Sabha members from the Chairperson (Vice President of India).
    • For MPs, it is not obligatory to inform the Lok Sabha/Rajya Sabha secretariat if the trip is private.
  • 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 government employees, all foreign trips, official or personal, need approval.

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.
• In February, 2011, the DoJ issued new guidelines with restrictions particularly on the personal travel of judges of the higher judiciary. These guidelines were struck down by the Delhi High Court in May, 2012.
• In July, 2021, the Centre issued an Office Memorandum stating that “in such cases, where Visa Support Notes Verbale are sought from MEA by the Hon’ble Judges of SC/HC , prior Political Clearance of the MEA is to be submitted for the intended private or official visits abroad”.
• Delhi High Court struck down the memorandum in April, 2022, saying “it is uncalled for, given the high offices judges are holding”.

Prelims Take Away

• FCRA
• World Cities Summit