Indian Passport Holders Abroad Recognized as Citizens for RTI Access
In New Delhi, an important discussion has emerged regarding the recognition of Indian passport holders living overseas. According to records from interministerial conversations in 2010, the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) confirmed that Indians holding passports and residing outside the country are considered “citizens” when it comes to accessing the Right to Information (RTI) Act.
This clarification also highlights the distinction between these passport holders and Persons of Indian Origin (PIOs) or Overseas Citizens of India (OCIs), who do not have the same rights under the RTI Act. This issue arose after a group of Non-Resident Indians (NRIs) from the U.S. submitted a letter to then-Prime Minister Manmohan Singh, requesting recognition of their right to participate in India’s governance.
Government discussions focused on defining who qualifies as a citizen under the RTI Act. The MEA acknowledged attempts by some RTI applicants to classify OCIs as “Indian citizens” for RTI purposes. However, both the MEA and MHA concluded that only Indian passport holders living and working abroad (NRIs) are eligible to file RTI applications, while OCIs and PIOs do not meet this definition.
Several Indian RTI activists living abroad encountered difficulties when trying to submit their applications. In response, the Central Information Commission organized meetings with government officials to improve the process. During these discussions, the MEA reiterated that the term “citizens” specifically refers to NRIs and does not include OCIs or PIOs. The MHA, being the main authority on matters relating to citizenship, supported this viewpoint.
On May 12, during a hearing, the MEA reiterated its stance, which was backed by the MHA, emphasizing that only NRIs are considered citizens under the RTI Act for the purpose of seeking information. This clarification is likely to help streamline RTI access for Indian citizens living abroad.
