How Chief Ministers’ foreign trips are cleared, and by whom

Subject : Polity

Section: Judiciary

Context: SC stays HC decision

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 during July 31- August 3.

What clearance do Chief Ministers require to travel abroad?

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.
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?

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 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 also India’s relations with the host country.

Are any other clearances required?

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.

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.