Political Clearance for CMs

About ‘Political Clearance’ for CMs

• Political clearance: It is an approval granted by the Ministry of External Affairs (MEA) for foreign travel by public servants and government servants.
• Supreme Court Ruling: In M. Karunanidhi v. Union of India case, the Supreme Court held that a Chief Minister is a public servant because the Chief Minister receives a salary from the government treasury for performing public duties.
• Purpose of Clearance: The system ensures that official foreign visits do not have diplomatic or foreign-policy implications that have not been assessed by the government.
• Process of Clearance for CM:
  • Prior Intimation: Before a foreign visit, whether official or private, the Chief Minister must inform the Cabinet Secretariat and the Ministry of External Affairs.
  • Political Clearance: The Ministry of External Affairs examines the proposed visit and grants or denies political clearance.
  • Basis of Decision: The decision depends on the nature of the event, participation from other countries, the nature of the invitation and India’s relations with the host country.
  • Application Process: Since 2016, applications for political clearance can be submitted through the Ministry of External Affairs website and are processed through coordination among different ministry divisions.
• Other Clearances Required: After political clearance, other approvals may also be required depending on the nature of the visit.
  • Economic Clearance: Chief Ministers, state ministers and other state officials also require clearance from the Department of Economic Affairs.
  • FCRA Clearance: Foreign Contribution Regulation Act clearance from the Ministry of Home Affairs is required if hospitality is offered by organisations other than those of the United Nations.

Approval Process for Other Dignitaries

• The approval process differs for other constitutional and government functionaries.
• Union Ministers: They require political clearance from the Ministry of External Affairs, followed by approval from the Prime Minister for both official and personal visits.
• Members of Parliament: Lok Sabha Members of Parliament require clearance from the Speaker, while Rajya Sabha members require clearance from the Chairperson.
  • However, they are not required to inform the respective Secretariat about private foreign visits.
• Government Officers: All foreign trips by government employees, whether official or personal, require approval.
  • Officers up to the Joint Secretary level receive clearance from the concerned minister after political clearance, while officers above this rank require approval from the Screening Committee of Secretaries.
• Judges: For an official foreign visit, a Supreme Court or High Court judge’s proposal is sent to the Department of Justice after obtaining clearance from the Chief Justice of India.
  • The Department of Justice then obtains political clearance from the Ministry of External Affairs and, where the Foreign Contribution Regulation Act is involved, clearance from the Home Ministry before issuing approval.
  • However, judges do not require clearance for personal foreign trips.