In News:

• Delhi Chief Minister Arvind Kejriwal has questioned why the Centre has delayed the clearance of his trip to Singapore.
• He has been invited by the Singapore to attend a World Cities Summit scheduled during July 31- August 3.

What’s in Today’s Article:

• Chief Ministers’ foreign trips – Clearances required, other clearances needed, instances of requests being denied, clearances required for judges

Chief Ministers’ foreign trips

Clearance required by Chief Ministers to travel abroad

• Chief Ministers have to inform the Cabinet Secretariat. This has been mandated by the government circular issued in May 2015.
  • 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, before informing 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.

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 of CMs’ requests for political clearance being denied

• 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.