BCCI should come under RTI Act: Law Commission

The Law Commission headed by Justice BS Chauhan has recommended that the Board of Control for Cricket in India (BCCI) be classified as a national sports federation and brought under the ambit of the Right to Information Act (RTI) as it falls under the definition of a public authority. The Commission has asked the Government to classify the BCCI as “State” under Article 12 of the Constitution so that it is answerable to authorities, including the courts.

The Commission, which held its full Commission meeting on Tuesday, has informed Union Minister of Law and Justice Ravi Shankar Prasad that “the BCCI exercises ‘State-like’ powers affecting the fundamental rights of the stakeholders,” and that the “board has taken a flight under the radar of public scrutiny.”

In its 124-page report, the Commission has stated that “the BCCI exercises ‘State-like’ powers affecting the fundamental rights of the stakeholders, guaranteed under Part III of the Constitution.

It is hereby recommended that BCCI be viewed as an agency or instrumentality of State, under Article 12 of the Constitution, thereby making it amenable to the writ jurisdiction of the Supreme Court under Article 32.”

In July 2016, the Supreme Court had asked the Commission to recommend whether the cricket board can be brought under the Right to Information Act. If the Government heeds to the Commission’s recommendations and classifies BCCI as a public body or an organisation under the RTI Act, anyone can file PILs in the Supreme Court or High Courts questioning the selection of players representing India, States and zones. PILs could also target the agreements signed by the BCCI with other cricket playing nations and the International Cricket Council (ICC).

The Commission has also noted that since the BCCI had a ‘monopolistic’ approach in regulating the game of cricket, it has often escaped public scrutiny that caused malpractices.

“Non-consideration of the role played by the BCCI as monopolistic in regulation of the game of cricket has resulted in the Board flying under the radar of public scrutiny, encouraged an environment of opacity and non-accountability. In the past, this has probably given an impression in the minds of the general public that corruption and other forms of malpractices are adversely affecting one of the most popular sports played in India human rights are sacrosanct and innately associated with the human personality,” reads the report.

The Commission has also recommended that the Government brings the cricket administration under the ambit of RTI, which it has evaded till now. However, the commission has noted that though “the Central Government does not extend any direct financial assistance to the BCCI, but it is also on record that it has been giving financial assistance in other forms and manner such as granting concessions in income tax, customs duty etc., and providing land at excessively subsidised rates, among others”.