NEW DELHI: The Law Commission on Wednesday recommended that the Centre bring the Board of Control for Cricket in India (BCCI) under the ambit of the Right to Information Act (RTI), just like public institutions. The New Indian Express had first reported that the law panel wanted BCCI to be brought under RTI and be made open for public scrutiny. On January 10, the TNIE carried a report titled ‘Law Commission bowls an RTI bouncer at BCCI’ which stated that owing to BCCI’s “monopolistic” nature” and “public functions” performed by it, BCCI ought to be classified as 'state' within the meaning of Article 12 of the Constitution.
The panel, headed by Justice BS Chauhan, submitted its report to the law ministry stating that “BCCI exercises ‘state-like’ powers affecting the fundamental rights of the stakeholders” and therefore the sports body should be answerable to authorities. If the government accepts the commission's recommendations anyone can file PILs in the SC or HCs questioning the selection of players representing India, states and zones.
The fact that BCCI received major financing from governments in the form of tax exemptions and land grants was one of the reasons for the panel’s recommendation. “To be precise, between 1997-2007, the total tax exemption amounted to Rs twenty-one billion six hundred eighty-three million two hundred thirty-seven thousand four hundred eighty-nine. It may also be noted here that from 2007-2008 onwards, the registration of BCCI under section 12A of the Income Tax Act, 1961, as a charitable trust, was withdrawn,” it noted.
Opining that the BCCI virtually acts as a national sports federation, the panel said that BCCI should be classified as such. “BCCI, though not a national sports federation, nominates cricketers for the Arjuna Awards. Parliament and state legislatures chose not to enact a legislation to govern the sport of cricket reflecting tacit recognition on the issue afforded to BCCI,” the report said.
To support its case further, the panel also pointed out that in 2012 then sports minister had told the Parliament that the Central government has already been regarding BCCI as a national sports federation. The report said, “...since, all other sports bodies which are listed as NSFs are covered under the RTI Act, it is inconceivable as to why BCCI should be an exception... It is hereby recommended that the 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,” the report said. The reasoning given by the commission for classifying BCCI as ‘State’ was that it is answerable for human rights violation.
The panel observed that since BCCI had a ‘monopolistic’ approach, it has often escaped public scrutiny that caused malpractices. At present, the BCCI, operates as a private entity under the Tamil Nadu Societies Registration Act. In July 2016, the SC had asked the panel to recommend whether BCCI can be brought under the RTI Act as there have been demands for ushering in transparency. However, the BCCI has been opposed to the idea. The commission also said on Wednesday that despite being asked to respond to the matter, BCCI did not communicate with the panel.