Bat for the better: on the BCCI and the RTI Act

The RTI Act was primitively designed to scrutinise the state, a bounds that the BCCI has repeatedly tested acknowledgment to its outsized power. The BCCI is simply a backstage assemblage that operates commercially and lacks nonstop nationalist financing. RTI disclosures could exposure competitory accusation and compromise the flexibility required to govern a sport, particularly since the BCCI already has anti-corruption measures and comes nether judicial reappraisal if required. If the BCCI is brought nether the Act’s remit, determination is besides a hazard of governmental forces abusing transparency requirements to exert greater power connected cricket administration. Even so, the Central Information Commission’s (CIC) caller determination to exclude the BCCI from the RTI Act is improbable to spell uncontested due to the fact that the assemblage has besides monopolised a nationalist sport. The BCCI benefits from nationalist symbolism, constabulary deployment astatine matches, concessional onshore allotments, and State hospitality; uses nationalist stadium infrastructure; enjoys the regulatory privileges accruing to its monopoly status; and negotiates with overseas boards successful ways that sometimes overlap with diplomacy. These liberties person frankincense sustained civilian nine concerns astir being incapable to scrutinise its conflicts of involvement and governance arrangements.

Under Section 2(h) of the RTI Act, the BCCI is not a law oregon statutory assemblage and was not created by authorities notification, leaving the substance to crook connected whether it tin beryllium said to beryllium nether authorities power oregon financing. Following disputes successful 2005 and 2013, the Supreme Court repeatedly said successful 2015-16, erstwhile the BCCI was adopting the Lodha committee recommendations, that it performs nationalist duties. The Law Commission furthered this presumption successful 2018 because, it added, the BCCI besides serves arsenic a National Sports Federation without the Sports Ministry recognising it arsenic 1 and received taxation exemptions worthy ₹2,100 crore successful 1997-2007 alone, a fig the Commission interpreted arsenic foregone authorities revenue. Subsequently, erstwhile Information Commissioner Sridhar Acharyulu ruled the BCCI to beryllium a nationalist authorization nether Section 2(h). The Madras High Court stayed the order, and the CIC has present reversed the ruling. The CIC has admitted that the BCCI exerts a important power connected nationalist beingness portion insisting that its determination is based connected Section 2(h) alone. There is simply a contradiction betwixt writ jurisdiction applying to the BCCI — arsenic the Court affirmed successful 2015 — adjacent arsenic the assemblage is backstage capable to conceal its interior records. At this time, Section 2(h) should beryllium amended to see immoderate assemblage discharging nationalist duties, particularly with monopoly power, possibly by creating a class that simultaneously protects the BCCI’s commercialized interests. Courts indispensable besides dainty taxation exemptions arsenic a signifier of authorities grant.