Atishi cleared to fly to UK: Why do state Ministers need Centre’s OK to travel abroad?

All Chief Ministers and Ministers of states and Union Territories are required to obtain political clearance from the Centre before they can travel abroad.

In July 2022, Delhi Chief Minister Arvind Kejriwal was unable to attend the World Cities Summit in Singapore 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?

In a circular dated May 6, 2015, the Cabinet Secretariat said: “The Cabinet Secretariat and the Ministry of External Affairs should be kept informed of the proposed foreign visit, either official or private, of Chief Ministers and Ministers of State Governments/Union Territories. However, prior political clearance and FCRA (Foreign Contribution Regulation Act) clearance are mandatory.”

A copy of the application must be sent to the Secretary, Department of Economic Affairs (DEA).

In Atishi’s case, counsel for government told the court on Wednesday that political clearance had been granted, and the proposal had been sent to the DEA for further approval. The court said that this was only a “formality”, and counsel agreed that once political clearance has been given, “no department comes in the way”.

So what exactly is “political clearance”?

This comes from the Ministry of External Affairs (MEA), and is required not just for public servants but for any government servant who is seeking to go abroad. Without this clearance, no public servant can travel overseas.

The MEA gets hundreds of requests for political clearance every month. Since 2016, applications can be made on the portal epolclearance.gov.in.

The decision on political clearance is taken based on several factors, including the nature of the event, level of participation from other countries, nature of the invitation, and India’s relations with the host country. Applications are processed and cleared after coordination among various divisions of the Ministry.

Are requests by CMs (and ministers) for political clearance often denied?

Denials are not unheard of.

On October 11, 2019, Kejriwal addressed a conference in Denmark through videoconferencing after the Centre denied him clearance. The previous UPA government had denied political clearance to Assam’s Congress Chief Minister Tarun Gogoi to the US and Israel, and to Jharkhand’s BJP Chief Minister Arjun Munda to Thailand.

Rejecting Gogoi’s application for a visit to New York for a “high level meeting” on April 2, 2012, the MEA had said that “direct correspondence by a diplomatic Mission with a State Government… [was] inappropriate”.

On Gogoi’s proposed trip to Israel for an event on water and environment technology, the Ministry said: “Concerned agencies would be hard put to provide special consideration for CM, Assam, both from the substantive and protocol angles.”

What debates have taken place around the issue of political clearance?

Early in his first term as Prime Minister, Narendra Modi held meetings with secretaries of several Union departments and sought their suggestions on the issue.

On June 14, 2014, then Civil Aviation Secretary Ashok Lavasa wrote to then Cabinet Secretary Ajit Seth that the “dilatory system” of the MEA clearing all proposals for travel abroad by officials should be changed.

After Seth forwarded Lavasa’s letter to the MEA, then Foreign Secretary Sujatha Singh wrote back 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.

Are any additional clearances required as well?

Union ministers need clearance from the Prime Minister’s Office in addition to the political clearance from the MEA for both official and personal trips.

Members of Lok Sabha and Rajya Sabha need clearance from the Speaker and Chairperson (Vice President of India) respectively, but only if the trip is official. However, many MPs keep the Lok Sabha/ Rajya Sabha secretariat in the loop even for a private trip.

For government employees, all foreign trips, official or personal, need approval. For officers up to the rank of Joint Secretary, clearance is given by the Minister concerned, after the MEA’s political clearance. For officers above that rank, the proposal is approved by a screening committee of secretaries.

Rules for clearance vary according to the duration of the visit, the country being visited, and the number of members in the delegation. If the visiting Indian official is hosted by organisations other than those of the United Nations, FCRA clearance is needed from the Home Ministry.

Ministries often issue circulars asking that requests for foreign travel be submitted well in advance of the trip, and do not entertain requests that do not come with political clearance attached.

On May 9, 2019, the Union Department of Expenditure issued a circular directing Ministries/ 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 are received 15 days prior to departure date of the delegation but not later than before 5 days before date of departure”.

Do these rules apply to judges as well?

Yes. For official visits, a judge of the Supreme Court or a state High Court has to send the proposal to the Department of Justice in the Union Ministry of Law and Justice after obtaining clearance from the Chief Justice of India. The DoJ issues approval after taking political clearance from the MEA and, in some cases (where FCRA is involved), from the Home Ministry.

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 struck down by the Delhi High Court on May 25, 2012.

On July 13, 2021, 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 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 abroad”.

Delhi High Court struck down the memorandum on April 1, 2022, saying “it is uncalled for, given the high offices they (judges) are holding”.