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Who can file RTI abroad? Indian missions clarify rules
Multiple Indian missions require applicants to submit a valid Indian passport as proof of citizenship.
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Ankita Baidya - Mon, 29, Jun 2026
- 04:53 EDT
- 27
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Multiple Indian missions state that only Indian citizens are eligible to file applications under the Right to Information Act, 2005. / File Photo/Wikipedia
Indian citizens living abroad are eligible to file applications under the Right to Information (RTI) Act, 2005, while Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO) cardholders are not, according to the published RTI guidelines of multiple Indian diplomatic missions.
The Consulate General of India in Toronto states on its RTI webpage that information under the Act is available only to citizens of India and explicitly says OCI and PIO cardholders are not eligible to seek information under the RTI Act, 2005.
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The Consulate General of India in Istanbul carries similar language, stating that applicants must submit documentary proof of Indian citizenship, such as a copy of the personal particulars pages of their passport. The Embassy of India in Copenhagen also requires proof of Indian citizenship and lists a valid Indian passport as acceptable documentation.
Across these missions, Indian citizens residing abroad are eligible to file RTI applications upon providing proof of citizenship, while OCI and PIO cardholders are not.
The issue has drawn renewed attention following a clarification by the Ministry of External Affairs (MEA) on Passport Seva Divas on June 24. MEA officials said an Indian passport is a travel document and not conclusive proof of citizenship. They said citizenship is determined under the Citizenship Act, 1955, rather than the Passports Act, 1967.
Legal experts have said the government's position is consistent with existing law. Courts, including the Bombay High Court, have held that a passport is a travel document and not a certificate of citizenship.
Congress MP Shashi Tharoor responded on June 26 in a post on X, describing the MEA's position as "a distinction without a difference, meaningless to the average citizen."
Tharoor wrote that requiring citizens to undergo police verification and document checks to obtain a passport while stating that the passport does not conclusively establish citizenship "creates an absurd legal paradox." He also noted that the Supreme Court has held that Aadhaar serves as proof of identity and residence, not citizenship, leaving many Indians without a single document that is legally recognized as conclusive proof of nationality.
The recent statement by the Ministry of External Affairs (MEA) - - on #PassportSevaDivas, no less! - - clarifying that an Indian passport is primarily a "travel document and not conclusive proof of citizenship" has triggered a predictable wave of public bewilderment and…
— Shashi Tharoor (@ShashiTharoor) June 26, 2026
He called for legislative changes to recognize a valid Indian passport and a standard Aadhaar card as conclusive proof of citizenship. He also proposed that the Unique Identification Authority of India (UIDAI) introduce a visually distinct Aadhaar card for non-citizen residents to differentiate the two categories.
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