NEW DELHI: Amid the ongoing debate on whether a passport is conclusive proof of citizenship or just a travel document, records of interministerial deliberations in 2010 over who can avail of the Right to Information Act show that the MEA and MHA agreed that holders of Indian passports residing abroad can be treated as “citizens” for the purpose of availing of the benefits of information law.
It differentiated passport holders living abroad from Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs), stating that the latter two categories cannot take recourse to the Right to Information (RTI) Act.
The issue of citizenship for RTI applicants was examined by the government after US-based NRIs submitted a representation, writing to then Prime Minister Manmohan Singh to “recognise the legitimate desire of Indians living abroad to exercise their franchise and to have a voice in the governance of India.”
The discussions among various government departments were limited to defining the term “citizen” under the RTI Act. The documents revealed that the Ministry of External Affairs (MEA) acknowledged attempts by some RTI applicants to broaden the definition of an “Indian citizen” for the purpose of filing RTI applications.
However, both the MEA and the Ministry of Home Affairs (MHA) agreed that only Indian passport holders living or working abroad (NRIs) are eligible to seek information under the RTI Act, while Overseas Citizens of India (OCIs) are not covered under this definition.
As several Indian RTI activists living abroad faced difficulties in filing applications, they approached the Central Information Commission (CIC), which held meetings with government officials to streamline the process.
“At the hearing, the MEA stated that, in its view, the term ‘citizens’ includes persons holding Indian passports who are living or working abroad, meaning NRIs only. The term does not include OCIs or PIOs. Since the MHA is the nodal ministry on matters relating to citizenship, OCI and PIO issues, it was necessary to seek its views. The DoPT and MOIA expressed similar views and suggested that the matter be referred to the MHA. During the May 12 hearing, the MEA separately informed the MHA that the definition of ‘citizen’ under the RTI Act would include NRIs, but not OCIs and PIOs. The MHA endorsed the MEA’s interpretation.”
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