On Monday, the Board of Cricket Control in India finally got relieved from all RTI scrutinies after the Central Information Commission (CIC) established it as a private autonomous body.
This has been a long-lasting legal battle between the BCCI and the court, which came to a conclusion finally. Recently, someone filed an RTI that asked for the provisions on how the BCCI selects players from different corners of the country and makes them represent the national team.
On Monday, after careful observation, Information Commissioner P R Ramesh ordered that BCCI is a private-run body registered under the Tamil Nadu Societies Registration Act. In the order Ramesh said,
"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."
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Why is BCCI not a public property
The Commission clarified that BCCI does not meet the basic requirement as mentioned under Section 2 (h) of the RTI Act to be a public property. The Act demands:
- It was not established by the Constitution
- Not created by a Parliamentary law
- Not created through a state law
The court also clarified that the BCCI survives financially with income from media rights, broadcasting, ticket sales, and sponsorship agreements. The court agreed that there has been some tax exemption from the government, but RTI does not consider it "substantial financing" from the government.
The CIC further said there is no “deep or pervasive” government control over BCCI’s:
- Administration
- Elections
- Internal functioning
- Cricket operations
Even though the BCCI selects the Indian team and represents India internationally, the Commission held that this alone does not mean the government controls it.
Why is the decision controversial?
Back in 2018, former Information Commissioner M Sridhar Acharyulu had ruled the opposite — that BCCI should be treated as a public authority and appoint RTI officers.
BCCI challenged that before the Madras High Court, which sent the matter back to the CIC for reconsideration after taking into account Supreme Court rulings. Now the CIC has reversed course.
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