BCCI Not Subject to RTI Act, CIC Declares

NEW DELHI: The Central Information Commission (CIC) has reversed its 2018 decision and ruled that the Board of Control for Cricket in India (BCCI) is not covered under the Right to Information (RTI) Act. This ruling came after dismissing an appeal submitted to the Ministry of Youth Affairs & Sports in 2017, which sought details about the guidelines that govern BCCI’s role in representing India and selecting players for various cricket tournaments.

The CIC emphasized that assuming increased government oversight would improve BCCI’s operations is misguided. It cautioned that excessive government control could potentially disrupt the “finely balanced” economic structure of Indian cricket.

Additionally, the commission referenced the recommendations from the Supreme Court-appointed Justice Lodha committee, noting that these suggestions for enhancing transparency in sports administration are advisory and do not supersede the statutory framework set out in Section 2(h) of the RTI Act.

This case was reexamined following a September ruling from the Madras High Court, which required the CIC to reassess its 2018 order. In that earlier ruling, the CIC classified BCCI as a public authority under the RTI Act, directing its leadership to establish mechanisms for handling RTI inquiries. The cricket board contested this ruling in the Madras High Court.

In its new ruling, the CIC clarified that the Supreme Court has not designated BCCI as a “public authority” under the RTI Act. According to the order delivered by Information Commissioner PR Ramesh, BCCI is not included under the definition of “public authority” as stated in the RTI Act, and thus not bound by its provisions.

The order noted that BCCI is a society registered under the Tamil Nadu Societies Registration Act and highlighted that it was neither established by the Constitution nor created by parliamentary or state legislative laws. The CIC also mentioned BCCI’s financial autonomy, pointing out that the board generates revenue through media rights, sponsorships, and ticket sales, indicating no governmental involvement in its financial management.

In conclusion, the CIC expressed concerns regarding the notion that increased governmental oversight can enhance an organization’s efficiency. The commission highlighted BCCI’s successful economic model through the Indian Premier League, emphasizing that such outcomes result from a complex interaction of market forces, contractual relationships, and international dynamics rather than merely administrative governance.