'BCCI Doesn't Come Under RTI ACT': Central Information Commission

The Central Information Commission (CIC) concluded on Monday that the Board of Control for Cricket in India (BCCI) does not fall under the purview of the Right to Information Act (RTI Act) because it does not fulfil the definition of a 'public authority' under the Act. The CIC reversed its 2018 order, passed by the then CIC Commissioner M Sridhar Acharyulu, which declared the BCCI was a “public authority under Section 2 (h) of the RTI Act".

BCCI Does Not Come Under RTI Act

The verdict came after a petition was filed to seek access to information about the functioning and affairs of the BCCI. The CIC ruling read, “BCCI is a private organization whose objects are to promote the game of cricket. Its functions are regulated and governed by its own Rules and Regulations independent of any statute and are only related to its members.”

BCCI had challenged it in the Madras Court, arguing that they are an autonomous organisation as they don't receive substantial funding from the government and therefore they cannot be under RTI jurisdiction. The High Court didn't give a verdict and passed the ruling to the CIC.

Does BCCI Perform Public Duties By Selecting Indian Team?

There was also an argument about whether BCCI carries out public duties by selecting the national cricket team and also representing Team India in various competitions and World Cups. The ruling rejected the fact that "Public Duties" cannot act as a deciding factor for disclosing information.

The order further said, “Another commonly advanced argument is that the BCCI performs ‘public functions’ and enjoys a monopoly over cricket in India. While this may be factually accurate, it is legally irrelevant for the purposes of Section 2(h). The RTI Act does not include ‘public function’ as a criterion for determining a public authority."

There has been an underlying conflict between BCCI's roles and its function as well as its legal standing under the RTI Act.

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