BCCI and RTI Act

Source: Indian Express  

Introduction 

The Board of Control for Cricket in India (BCCI), the world's richest cricket board, has successfully evaded transparency obligations under the Right to Information (RTI) Act through the latest National Sports Governance Bill, 2025. Despite years of judicial recommendations and legal battles, the BCCI continues to operate without the public accountability that RTI provisions would mandate. The new legislation effectively shields the cash-rich cricket board from RTI scrutiny by linking transparency obligations solely to direct government funding. This development marks a significant victory for the BCCI in its long-standing battle against transparency laws. 

What Has Been the Battle Between BCCI & RTI? 

BCCI's Position: 

• The BCCI has consistently argued that it is a "private, autonomous body" and not a "public authority" 
• It maintains that being "financially and organizationally independent of the State" places it outside government regulatory framework for public bodies 
• The board emphasizes it does not take direct financial aid from the government 
• Legally, it operates as an autonomous charitable society registered under the Tamil Nadu Societies Registration Act, 1975 

Judicial and Commission Challenges: 

• The BCCI v. Cricket Association of Bihar (2015)  held that BCCI performs "public functions" akin to a state body, including selecting national teams and using national colors 
• The Law Commission (2018) argued that BCCI's claims of financial independence don't hold when indirect benefits are considered 
• Between 1997-2007, BCCI availed tax exemptions worth over Rs 2,100 crores due to its charitable status 
• State governments have provided land to cricket associations at highly subsidized rates (example: Himachal Pradesh leasing stadium land for Re 1 per month) 
• The Central Information Commission (2018) declared BCCI a "public authority" and directed it to handle RTI queries 

How Does the New Law Create an Exception for BCCI? 

Original Bill Provisions: 

• The initial National Sports Governance Bill (July 23) would have brought every recognized sports body under RTI Act 
• Clause 15(2) originally stated that "recognized sports organization shall be considered a public authority under the Right to Information Act, 2005" 
• This broad definition would have included BCCI, making its entire functioning open to public scrutiny 

Revised Bill Exception: 

• The later version restricts RTI applicability only to organizations "receiving grants or any other financial assistance" from government 
• Such organizations are considered public authorities only "with respect to utilization of such grants or any other financial assistance" 
• This change makes direct government funding the sole criterion for RTI applicability 
• The revision effectively excludes the cash-rich BCCI from RTI scrutiny since it doesn't receive direct government funding 

Why Were Previous Recommendations Not Implemented? 

Justice RM Lodha Committee (2015): 

• Described BCCI's functioning as a "closed door and back-room affair" 
• Found that critical information including constitution and financial details were not easily accessible 
• Recommended that "legislature must seriously consider bringing BCCI within the purview of the RTI Act" 
• Emphasized public's right to know about BCCI activities 

Supreme Court Interventions: 

• In 2016, while hearing Lodha reforms case, Supreme Court referred the RTI issue to Law Commission 
• Court observed that since BCCI performs public functions, there is clear need for transparency 
• In 2015, Court held BCCI amenable to writ jurisdiction under Article 226 because it performs public functions 

Law Commission Report (2018): 

• Concluded BCCI should be classified as "public authority" under RTI Act 
• Based recommendation on both public functions and indirect government funding received 
• Highlighted substantial indirect benefits through tax exemptions and subsidized land 

Central Information Commission Order (2018): 

• Declared BCCI a "public authority" under RTI Act 
• Directed BCCI to establish mechanisms for handling RTI queries 
• However, BCCI challenged this order in Madras High Court, which stayed implementation 

Conclusion 

The National Sports Governance Bill, 2025 allows only sports bodies receiving direct government funding to come under the RTI Act. This lets the BCCI, despite being the world’s richest cricket board and performing public functions, avoid RTI obligations. Courts and commissions had repeatedly recommended bringing BCCI under RTI for greater accountability, but the new law legally shields it from scrutiny. The move is seen as a major win for BCCI in resisting transparency, and it could set a precedent for other powerful sports bodies to bypass such laws.