2010 inter-ministerial decision confirms NRIs with Indian passports are eligible to seek information under the Right to Information Act
Indian citizens living abroad who hold valid Indian passports are entitled to use the Right to Information (RTI) Act, according to government records that have resurfaced amid the recent debate over whether a passport is proof of citizenship.
The clarification stems from inter-ministerial discussions held in 2010 between the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA). The records show both ministries agreed that Indian passport holders residing overseas should be treated as “citizens” for the limited purpose of exercising rights under the RTI Act.
The issue has gained renewed attention following the government’s recent clarification that an Indian passport is primarily a travel document and should not be regarded as conclusive proof of citizenship. That statement triggered widespread discussion about the legal status of passports and the rights attached to them.
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The earlier government records, however, distinguish between the function of a passport as a travel document and the eligibility of overseas Indian citizens to seek information under the RTI Act
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The interpretation makes it clear that Non-Resident Indians (NRIs) holding Indian passports remain eligible to file RTI applications with public authorities in India
At the same time, the records indicate that Overseas Citizens of India (OCI) cardholders and Persons of Indian Origin (PIOs), who are not Indian citizens, are not covered by the same interpretation and therefore do not qualify for RTI access on that basis.
The clarification is expected to reassure millions of Indian citizens living overseas who rely on the RTI Act to obtain information from government departments and public authorities.
The development also highlights the distinction between citizenship rights and documentary proof of citizenship. While a passport facilitates international travel and is issued only to Indian citizens, the government maintains that it is not, by itself, conclusive legal proof of citizenship. Nevertheless, for the purposes of the RTI Act, Indian passport holders residing abroad continue to be recognised as citizens eligible to exercise the law’s provisions.
