Passport or Proof of Citizenship? Here's What Government Deliberations Say About Indian Citizens Abroad

The government considered the issue of an RTI applicant's citizenship after an NRI living in the United States submitted a petition to the government. He wrote to then-Prime Minister Manmohan Singh, requesting, "Recognize the legitimate desire of Indians living abroad to vote and have a say in India's governance."

Discussions between various government departments were limited to the issue of the definition of a citizen under the RTI Act. Documents revealed that the Ministry of External Affairs acknowledged that some RTI applicants had attempted to include OCIs (Overseas Citizens of India) in the definition of Indian citizens for the purpose of applying under the RTI Act.

However, the Ministry of External Affairs and the Ministry of Home Affairs agreed that only those holding Indian passports and living/working abroad (i.e., NRIs) can seek information under the RTI Act, and that OCIs do not fall within this definition.

Since some Indian RTI activists living abroad were facing difficulties in filing applications, they approached the Central Information Commission (CIC). The CIC held meetings with officials to simplify the process.

During the hearing, the Ministry of External Affairs stated that in their view, the term "citizen" includes those holding Indian passports and working/living abroad, which means only NRIs, excluding OCIs and PIOs. Since the MHA is the nodal ministry for matters related to citizenship, OCIs, and PIOs, it is necessary to seek the opinion of the Ministry of Home Affairs.