BCCI is not a “public authority” under RTI act: CIC

The Central Information Commission (CIC) has ruled that the Board of Control for Cricket in India (BCCI) is not a “public authority” under the Right to Information (RTI) Act, and therefore cannot be compelled to disclose information under the transparency law.

The order was passed in response to an appeal filed by a Delhi resident seeking information related to the functioning and authority of the BCCI. The applicant had questioned under what authority the BCCI selects players to represent India, why governments provide stadiums and police security to a technically private association, and whether the government exercises any legal control over cricket administration in the country.

CIC’s Observation

The CIC held that the BCCI does not meet the conditions laid down under Section 2(h) of the RTI Act, which defines a “public authority”.

According to the Commission, the BCCI is a society registered under the Tamil Nadu Societies Registration Act, 1975, and functions as “a private association of individuals which has obtained legal recognition through registration.”

The Commission further noted that the Ministry of Youth Affairs and Sports had already informed the applicant that the information sought was not available with the ministry. Consequently, the appeal filed in 2018 was dismissed.

What is a “Public Authority” Under RTI?

Section 2(h) of the RTI Act defines a “public authority” as any authority, body, or institution of self-government established or constituted by:

• The Constitution of India
• Laws made by Parliament
• Laws made by State Legislatures
• Government notifications or orders

The definition also includes bodies that are “owned, controlled or substantially financed” by the government, including non-governmental organisations receiving substantial public funds.

The CIC concluded that the BCCI does not fall within any of these categories.

Article 12 and Judicial Interpretation

The issue of whether bodies like the BCCI should be treated as public authorities has often been linked to Article 12 of the Constitution, which defines the term “State”.

Article 12 includes the Government and Parliament of India, State Governments and Legislatures, and “all local or other authorities” under government control.

Over the years, courts have expanded the interpretation of Article 12 to include bodies performing public functions or exercising powers similar to those of the State.

Recommendations to Bring BCCI Under RTI

Several expert bodies in the past have recommended bringing the BCCI under the ambit of the RTI Act.

The Lodha Committee had recommended greater transparency and accountability in cricket administration, including coverage under RTI.

Similarly, the Law Commission of India, in its 275th Report submitted in 2018, recommended that sports bodies performing public functions should come under the RTI framework. The report observed that the BCCI “virtually acts as a National Sports Federation” and exercises “state-like powers”.

However, these recommendations were never converted into binding legislation.

National Sports Governance Act, 2025

The recently enacted National Sports Governance Act, 2025, provides that sports bodies receiving government grants would be treated as public authorities under the RTI Act, but only concerning the utilisation of such public funds.

Since the BCCI does not receive government grants, it remains outside the scope of this statutory provision.

Source: IE