NEW DELHI: The Central Information Commission (CIC) on Monday reversed its 2018 order and held that the Board of Control for Cricket in India (BCCI) doesn’t come under the purview of Right To Information (RTI) act. The commission dismissed an appeal filed in front of Ministry Of Youth Affairs & Sports in 2017 seeking 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.In the order accessed by TOI, the CIC also observed that it’s not appropriate to assume increased governmental supervision enhances the functioning of BCCI . It warned that superimposed govt control could risk ‘disrupt a finely balanced economic structure’.The commission also pointed out the Supreme Court-appointed Justice Lodha committee’s reform recommendations for transparency in sports administration were only advisory in nature and “and could not override the express statutory framework contained in Section 2(h) of the RTI Act.”The matter was reconsidered after the Madras High Court in Sept last year remitted the CIC’s earlier order in Oct 2018 for fresh adjudication. In 2018, CIC held the BCCI as the public authority under RTI Act and directed then president, secretary and committee of administrators (CoA) to designate information officers and put in place a system of online and offline mechanisms to receive the applications for information under RTI Act. The order also issued a few more directions against BCCI. The cricket board subsequently challenged the order in front of the Madras High Court. The commission clarified that the Supreme Court had not declared the BCCI to be a “public authority” under the RTI Act.In its fresh order, passed through information commissioner PR Ramesh, CIC stated: “the Board of Control for Cricket in India (BCCI) does not fall within the ambit of “public authority” under Section 2(h) of the Right to Information Act, 2005, and therefore is not subject to the provisions of the RTI Act.”The CIC order cited that the BCCI is a society registered under the Tamil Nadu Societies Registration Act. “BCCI is neither established by or under the Constitution nor created by any law enacted by Parliament or a State Legislature. The Commission further noted that the BCCI was not constituted through any govt notification or executive order,” read the order.Besides stating that the govt has no role in appointment of office-bearers and internal functioning of the board, the commission further noted BCCI’s financial independence as the board generates its revenue through media rights, sponsorships, broadcasting arrangements, ticket sales, and other commercial activities. The order also mentioned that the tax exemptions offered to the board can’t be construed as govt funding. “Tax exemptions or statutory concessions available generally under law cannot be treated as “substantial financing” by the Government within the meaning of the RTI Act,” the order stated.‘Indian cricket ecosystem a compelling illustration’The CIC chose to address assumptions that increased governmental supervision is sufficient for functioning of an organisation. 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 managed to create through the IPL which now drives the global cricket economy.“It may not be appropriate to proceed on the assumption that increased governmental supervision would, in and of itself, enhance the functioning or fairness of institutions such as the BCCI,” read the observation in the order. “To superimpose a model of oversight premised solely on governmental control may fail to account for these realities and could risk unintended consequences, including inefficiencies or disruptions in a finely balanced economic structure,” it added.“Legislative and executive interventions—however well-intentioned—have, at times, produced outcomes marked by inefficiency, exclusion, or distortion, owing to challenges in implementation, lack of contextual sensitivity, or concentration of authority,” said the commission.“The ecosystem of cricket in India presents a compelling illustration. The evolution of the BCCI from a colonial-era administrative body into the financial epicentre of global cricket reflects one of the most significant transformations in contemporary sports economics. Unlike many national sports bodies that depend substantially on state support, the BCCI operates as a largely autonomous, market-driven entity, with revenues running into tens of thousands of crores and substantial financial reserves,” the observation read.“At the heart of this economic structure lies the Indian Premier League, whose franchise-based model and media rights regime have redefined the financial architecture of the sport,” it added.According to the CIC, this kind of intricate ecosystem could not be achieved by any administrative oversight. “This intricate and high-value ecosystem demonstrates that the functioning of such an organisation is shaped not merely by administrative oversight but by a complex interplay of market forces, contractual arrangements, and international commercial dynamics.”
