The Central Information Commission (CIC) on Monday ruled that the Board of Control for Cricket in India (BCCI) does not qualify as a “public authority” under the RTI Act, stating that the body is neither owned, controlled, nor substantially funded by the government.
The Commission rejected an appeal seeking details about the provisions and authority under which the BCCI represents India and selects players for national and international cricket events.
The CIC further observed that the BCCI is a private autonomous organisation registered under the Tamil Nadu Societies Registration Act and was not created through the Constitution, Parliament, state legislature, or any government notification.
The CIC cleared its stance on the RTI matter. “The Commission observes that the Appellant – Ms Geeta Rani – had soughtย Information regarding the provisions/guidelines under which BCCI represents India and selects players for national and international cricket tournaments, and also raised queries concerning the authority vested in BCCI by the Government of India. It is noted that CPIO, Ministry of Youth Affairs and Sports vide letter dated 14.12.2017 clearly stated that the information sought was not available with the Ministry and that the RTI application could not be transferred to BCCI as it had not been declared a ‘Public Authority’ under the RTI Act, 2005, which position was upheld by the FAA,” the CIC said in its order.
Earlier CIC ruling on BCCI
Back in 2018, the Central Information Commission (CIC) delivered a major ruling concerning the BCCI. The commission had stated that the BCCI should come under the ambit of the RTI Act, declaring it a โpublic authority.โ
The reasoning was that the BCCIโs team represents India, as players wear jerseys bearing the countryโs name. It was also argued that the board receives support from the government in one form or another. Before this ruling, a petition had raised the question of whether the national side should be considered โTeam Indiaโ or โTeam BCCI.โ In other words, whether the squad selected by the BCCI was the boardโs private team or Indiaโs national team.
Based on these arguments, the CIC had concluded that the BCCI must remain accountable to the public because it acquires and manages significant assets.
Court intervention changed the decision
In response, the BCCI argued that it is an autonomous and private body. The board objected to the CICโs ruling and challenged the decision in court.
Last year, the Madras High Court sent the matter back to the CIC, directing it to reconsider the issue in light of previous Supreme Court judgments. Following this review, the final decision has now been delivered.
The Information Commissioner has ruled that the BCCI does not qualify as a “public authority” under Section 2(h) of the RTI Act. Therefore, the organization is not obligated to share information under the law.ย
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