BCCI not a public authority under RTI Act: CIC overturns its 2018 order
The CIC ruled that the BCCI cannot be treated as a “public authority” under the RTI Act.
PTI
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The CIC had directed the BCCI to disclose information under the RTI Act and respond to the applicant’s queries (PTI)
New Delhi, 18 May
The BCCI is not a public authority under the Right to Information Act; it is not liable to answer any queries under the transparency law, the Central Information Commission held on Monday, overturning its own 2018 order in this regard.
Information
Commissioner PR Ramesh said that the Board of Control for Cricket in India (BCCI), despite performing important public functions relating to cricket
administration and India's representation in international tournaments, cannot
be treated as a public authority as it is neither owned, controlled, nor
substantially financed by the government.
“The BCCI cannot be classified as a 'public authority' within the meaning of Section 2(h)
of the Right to Information (RTI) Act, and the provisions of the Act are
therefore inapplicable to it in the facts and circumstances of the present
case,” Ramesh said in the order, dismissing an appeal seeking information about
the provisions and authority under which the BCCI represents India and selects
players for national and international tournaments.
The ruling
marked a reversal of a 2018 order of the then-information commissioner and a
noted law professor, M Sridhar Acharyulu, who held BCCI to be a public
authority and directed its president, secretary and committee of administrators
to designate central public information officers, assistant public information
officers and first appellate authorities under the RTI Act.
The
Central Information Commission (CIC) had also directed the BCCI to proactively
disclose information under Section 4 of the law and furnish point-wise replies
to the RTI applicant.
The BCCI,
however, had challenged the 2018 order before the Madras High Court, which, in
September 2025, remitted the matter back to the CIC for reconsideration in
light of the Supreme Court's observations in the BCCI vs Cricket Association of
Bihar case and said the Commission should pass fresh orders after re-examining
the legal position.
Revisiting
the issue, the CIC said that the BCCI is a private autonomous body registered
under the Tamil Nadu Societies Registration Act, which was not established by
the Constitution, Parliament, a state legislature or through a government
notification.
It said the cricket body functions independently through revenue generated from media
rights, sponsorship deals, ticket sales, broadcasting agreements and commercial
cricket operations.
“There
exists no control of the government over the functions, finance,
administration, management and affairs of the BCCI. Thus, the status of public
authority cannot be given to the BCCI,” the Commission said.
Rejecting
the argument that BCCI's role in selecting the national teams and regulating
cricket in India gives it a public authority character, the Commission said,
“The RTI Act does not include 'public function' as a criterion for determining
a public authority.”
The case
stemmed from a 2017 RTI application seeking details on the authority under
which the BCCI represents India, selects players and enjoys government support
for cricket infrastructure and security arrangements.
The
Ministry of Youth Affairs and Sports had replied that the information sought
was not available with it, and the application could not be transferred to the
BCCI as it had not declared itself a ‘public authority’.
The CIC
relied on Supreme Court rulings, including Zee Telefilms Ltd vs Union of India
and Thalappalam Service Cooperative Bank Ltd vs State of Kerala, to conclude
that mere regulatory oversight or public importance does not satisfy the RTI
Act's test for a public authority unless an organisation is substantially
controlled or financed by the government.
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