Logo of the Board of Control for Cricket in India (BCCI).
New Delhi: The Central Information Commission (CIC) on Monday modified its 2018 order, saying Board of Control for Cricket in India (BCCI) does not come under the ambit of the Right to Information (RTI) Act. The Commission dismissed an appeal filed before the Ministry of Youth Affairs and Sports in 2017 seeking information on the provisions/guidelines under which the BCCI represents India and selects players for national and international cricket tournaments and also raised questions about the authority vested in the BCCI by the Government of India.In the order obtained by TOI, the CIC also observed that it is not reasonable to assume that increased government oversight enhances BCCI’s functioning. He warned that government control could risk ‘disrupting the delicately balanced economic structure’.The Commission also pointed out that the Supreme Court-appointed Justice Lodha Committee’s reform recommendations for transparency in sports administration were only advisory in nature and “could not override the clear legal framework contained in Section 2(h) of the RTI Act.”In September last year, the Madras High Court had reconsidered the matter after giving a fresh verdict to the CIC’s earlier order in October 2018. In 2018, the CIC held the BCCI as a public authority under the RTI Act and directed the then President, Secretary and Committee of Administrators (CoA) to designate Information Officers and set up a system of online and offline mechanisms to receive requests for information under the RTI Act. The order also issued some other directions against the BCCI. The Cricket Board later challenged the order before the Madras High Court. The commission clarified that The Supreme Court had not declared the BCCI as a “public authority” under the RTI Act.In its latest order, passed by Information Commissioner PR Ramesh, the CIC said: “The Board of Control for Cricket in India (BCCI) does not fall under the purview of “public authority” under Section 2(h) of the Right to Information Act, 2005, and is therefore not subject to the provisions of the RTI Act.The CIC order stated that BCCI is a society registered under the Tamil Nadu Societies Registration Act. “The BCCI is neither established by or under the Constitution nor by any law made by the Parliament or the State Legislature. The Commission added that the BCCI was not established by any official notification or executive order,” the order read.Apart from stating that the government has no role in the appointment of officials and the internal functioning of the board, the commission further noted the financial independence of the BCCI as the board earns its income through media rights, sponsorship, broadcast arrangements, ticket sales and other commercial activities. The order also stated that tax exemptions offered to the board cannot be treated as government funding. The order said that “tax exemptions or statutory concessions generally available under the law cannot be considered as “adequate financing” by the government within the meaning of the RTI Act.‘Indian cricket ecosystem is a great example’CIC chose to address the assumptions that increased government oversight is sufficient for an organization to operate. According to the commission, this premise “does not adequately account for the complexities of modern economic institutions.”The CIC also highlighted the efficient economic model that the BCCI has created through the IPL that now drives the global cricket economy.“It would not be appropriate to proceed on the assumption that increased government oversight would, in and of itself, enhance the functioning or fairness of institutions like the BCCI,” read the observation in the order. It added that “basing a model of oversight solely on government control may fail to account for these realities and risk unintended consequences, including inefficiencies or disruptions to a balanced economic structure,” it added.“Legislative and administrative interventions – however well-intentioned, sometimes result in inefficiencies, exclusions, or distortions due to implementation challenges, lack of contextual sensitivity, or concentration of powers,” the commission said.“The cricket ecosystem in India provides a compelling example. BCCI’s evolution from a colonial-era governing body to the financial center of global cricket reflects one of the most significant changes in the economics of contemporary sports. Unlike many national sporting bodies that depend heavily on state support, BCCI operates as a self-governing marketplace. Tens of thousands of crores and substantial financial reserves,” the observation read.“This is at the heart of the economic structure. Indian Premier Leaguewhose franchise-based model and media rights system has redefined the financial structure of sports,” he added.According to CIC, this type of complex ecosystem cannot be achieved by any management oversight. “This complex and high-value ecosystem demonstrates that such an organization operates not only through administrative oversight, but through a complex interplay of market forces, contractual arrangements and international trade dynamics.”
