The Central Information Commission (CIC) on Monday said that the Board of Control for Cricket in India (BCCI) is not a “public authority” under the RTI Act. The CIC stated that the BCCI is not owned, controlled, or financially supported in a major way 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 Commission observes that the Appellant – Ms Geeta Rani – had sought 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.
CIC rules BCCI not a public authority under RTI Act
Back in 2018, the Central Information Commission (CIC) gave an important ruling on the BCCI. The commission had said that the BCCI should come under the RTI Act and be treated as a “public authority.” The reasoning was that the BCCI’s team represents India, as players wear jerseys bearing the country’s 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 “Team India” or “Team BCCI.” In other words, whether the squad selected by the BCCI was the board’s private team or India’s 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.
The BCCI said that it is an independent and private organisation. The board opposed the CIC’s ruling and challenged the decision in court. Last year, the Madras High Court sent the matter back to the CIC and asked it to review the issue again based on earlier Supreme Court rulings. 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.