BCCI Information Not Open To RTI

By Mahima Katal

The Central Information Commission (CIC) on Monday ruled that the Board of Control for Cricket in India (BCCI) does not fall under the ambit of the Right to Information (RTI) Act, stating that the cricket board is not a “public authority” under Section 2(h) of the Act. The Commission dismissed an appeal seeking information on the provisions and authority under which the BCCI represents India and selects players for national and international cricket tournaments.

In its order, Information Commissioner P R Ramesh observed that the BCCI is a private autonomous body registered under the Tamil Nadu Societies Registration Act. The Commission noted that the board was neither established by the Constitution nor created through a law enacted by Parliament or any State Legislature. It also clarified that the BCCI was not formed through any government notification or order.

The CIC further held that the BCCI cannot be brought under the RTI Act because it is neither owned, controlled nor substantially financed by the government. Under Section 2(h) of the RTI Act, only those bodies which are constituted by law or substantially funded and controlled by the government can be treated as public authorities and therefore be made accountable under RTI provisions.

The appeal before the Commission had sought details regarding the legal authority that allows the BCCI to represent India in cricket at the national and international level and the basis on which it selects players for tournaments. However, the Commission ruled that since the BCCI does not qualify as a public authority, the provisions of the RTI Act are not applicable to it.

The issue of bringing the BCCI under the RTI framework has remained a matter of debate for several years. Earlier, the Supreme Court-appointed Lodha Committee had recommended that the cricket board should be brought under the RTI Act because of the public functions it performs and the enormous influence it exercises over Indian cricket. Despite such recommendations and repeated discussions surrounding transparency in cricket administration, no legal framework has yet been introduced to officially classify the BCCI as a public authority.

In its final observation, the CIC stated that “the BCCI cannot be classified as a ‘Public Authority’ within the meaning of Section 2(h) of the RTI Act and the provisions of the Act are therefore inapplicable to it in the facts and circumstances of the present case.”

The latest ruling once again underlines the legal position that despite representing India in international cricket and exercising significant control over the sport in the country, the BCCI continues to function as an independent private body outside the purview of the RTI Act.