POLITICAL CLEARANCE
Source: The Indian Express
Context
Delhi Chief Minister Arvind Kejriwal has questioned why the Centre has delayed the clearance of his trip to Singapore, where he has been invited to attend a World Cities Summit scheduled from July 31 to August 3.
What clearance do Chief Ministers require to travel aboard?
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They have to inform the Cabinet Secretariat, Which stated in a circular on May 6, 2015;
"The Cabinet Secretariat and the Ministry of External Affairs should be kept informed of the proposed foreign visit, either official or private, of the chief Ministers and Ministers of State Government or Union Territories. However, prior political clearance and FCRA (Foreign Contribution Regulation Act) clearance are mandatory".
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In the case of Chief Ministers and Ministers of the state governments, a copy of the application must also be sent to the Secretary, Department of Economic Affairs (DEA).
Political clearance
- This 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 MEA gets hundreds of requests for political clearance every month from ministries, secretaries, bureaucrats and other officials.
The decision 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 is issued after coordination among various Ministry divisions is done through a dedicated "Coordination Division".
- Sources say 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.
Political clearance of CM's denied
- The Centre denied clearance for Kejriwal's trip to Denmark, he had to address a conference in 2019.
- During the UPA regime, the MEA had denied political clearance to trips by then Assam Chief Minister Tarun Gogoi to the US and Israel and Arjun Munda Jharkhand CM to Thailand.
- Gogoi had wanted to visit New York for a "High-level Meeting", in 2012.
- A note from the ministry said"direct correspondence by diplomatic Mission with a state Government being inappropriate".
- About his proposal trip to Israel for an event on water and environmental technology.
- The ministry had said, "Concerned agencies would be hard put to provide special consideration for CM, Assam, both from the substantive and protocol angles."
Issues of political clearance
- Prime Minister Modi held meetings with the secretaries of several Union Departments and Sought their suggestions in 2014.
- The Civil Aviation Secretary wrote to the then Cabinet Secretary that the "dilatory system" of the MEA clearing all proposals for travel aboard by officials should be changed.
- Cabinet Secretary forwarded that letter to the MEA.
- Then Foreign Secretary wrote back to him on August 13, 2014, stressing that it was the MEA's prerogative to decide on the suitability, desirability and level of participation of Indian officials in engagements abroad. This practice continues.
Other clearances
- 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 ministers up to the Joint Secretary level, clearance is given by the Concerned Ministry after the Political clearance.
- For those above the rank, the Proposal needs the 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 the delegation.
- If the foreign trip involves the hospitality of organisations other than those of the UN, FCRA clearance is needed from the Home Ministry.
- Ministries do not entertain such requests if political clearance is not attached.
- For MPs, it is not obligatory to inform the Lok Sabha or Rajya Sabha Secretariat if the trip is private.
- Several MPs do inform the office of the speaker (Lok Sabha) or Chairman (Rajya Sabha).
- For government employees, all foreign trips, official or personal need approval.
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On May 9, 2019, the Union Department of Expenditure issued a circular directing Ministries or Departments to :
Ensure that the timeline stipulated for submitting the proposal for foreign visits requiring Scos (Screening Committee of Secretaries) and Prime Minister's approval is received 15 days before the departure date of the delegation but not later than 5 days before the date of departure".
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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) 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 11, 2010.
- When the DoJ decided to dispense with this necessity in case of private visits.
- On February 15, 2011, the DoJ issued new guidelines, with restrictions, particularly on the personal travel of judges of the higher judiciary.
- These guidelines were challenged in the Delhi High Court, Which struck them down on May 25, 2012. So, new judges do not need clearance for personal foreign trips.
- On July 13 last year, the Centre issued an Office Memorandum stating that in such cases, where Visa Support Notes Verbale are sought from the CPV Division.
- MEA by the Hon'ble Judges of the Supreme Court and the Hon'ble Judges of High Courts of India, Prior Political Clearance of the MEA is to be submitted for the intended private or official visits aboard.
- But on April 1 this year, the Delhi High Court, struck down the memorandum saying "it is uncalled for, given the high offices they (Judges) are holding.
