How has the BCCI resisted RTI scrutiny?, Pg14

Key Highlights:

• The Central Information Commission (CIC) ruled on May 18 that the BCCI is not a "public authority" under the RTI Act, 2005.
• The BCCI maintains it is a private, autonomous body and not subject to the RTI Act.
• A previous CIC bench in 2018 held the BCCI was a public authority, but this was challenged.
• The Justice R.M. Lodha Committee in 2015 and the Law Commission in 2018 recommended bringing the BCCI under the RTI Act.

Detailed Insights:

• The BCCI is registered under the Tamil Nadu Societies Registration Act, 1975, and argues it doesn't fall under Article 12 of the Constitution, which defines the scope of the 'State'.
• The CIC distinguished between bodies created by law and those formed privately, noting the BCCI was formed by cricket administrators and merely gained legal recognition through registration.
• The CIC cited the Supreme Court’s ruling in Zee Telefilms Ltd. v. Union of India (2005), stating that state supervision alone doesn't alter an organization's private character.
• The CIC clarified that "substantially financed" under the RTI Act refers to financial assistance critical for survival, not indirect benefits like tax exemptions, which the BCCI benefits from.
• Bringing the BCCI under the RTI Act would allow citizens to access information on its finances and daily operations, increasing transparency and accountability.
• Section 14(2) of the National Sports Governance Act, 2025 limits the definition of a public authority to organisations utilising government grants, effectively excluding the BCCI.

CIC.png

Key Concepts Involved:

• Public Authority: An entity established by the Constitution, laws, or government notifications, or substantially financed by the government.
• RTI Act, 2005: Legislation providing citizens access to information held by public authorities to promote transparency and accountability.
• Article 12 of the Constitution: Defines the term "State" for the purpose of enforcing fundamental rights, including government bodies and other authorities.