How can BCCI (a Pvt. Association) represent India in the International cricket tournament? Is the Cricket team selected by BCCI “a Team India” or “Team BCCI”? - CIC directs the BCCI to explain why should not be declared as a public authority under RTI Act
10 Jul, 2018
The RTI Appellant raised several queries like:-
- What are the guidelines under which the BCCI has been representing India and selecting players for the country?
- Whether the players selected by BCCI are playing for India or BCCI?
- How can BCCI (a Pvt. Association) represent our country in the National/ International cricket tournament?
- What is the benefit of Indian Govt. to give rights/ authority to BCCI to represent our country in Domestic and International Tournament?
- What is the status of the Cricket team selected by BCCI - Is it “a Team India” or “Team BCCI”?
The exclusive authorisation of BCCI to select team for India has created a monopoly in favour of federal body of sports for Cricket called BCCI and because of which all its wealth is created. The appellant argued that the Apex Court and other High Courts have expressed many a time that the BCCI performs a public function and it is straight away related to public activity because of which the BCCI should be accountable to public in general and in public interest. Even after the recommendation of the Law Commission that the BCCI comes under the purview of RTI Act, no action has been taken.
The Central Information Commission directed the authorized representative of BCCI to explain why the Commission should not declare the BCCI as public authority in view of various judicial pronouncements and the Law Commission’s recommendation in its 275th Report. The case is posted for compliance on 01.08.2018.
ORDER
FACTS:
1. The appellant sought information about provision/ guidelines under which the BCCI has been representing India and selecting players for the country. He specifically sought for whether the players selected by BCCI are playing for India or BCCI, how can BCCI (a Pvt. Association) represent our country in the National/ International cricket tournament, what is the benefit of Indian Govt. to give rights/ authority to BCCI to represent our country in Domestic and International Tournament etc through 12 points.
The CPIO replied on 14.12.2017 that the information is not available with the undersigned CPIO and BCCI has not been declared as Public Authority, hence RTI Application could not be transferred to BCCI. The appellant filed the first appeal regarding the same. The FAA upheld the decision of CPIO. Being dissatisfied with the above response the appellant approached this Commission.
Decision:
2. Mr. Arun Kumar Singh, Under Secretary submitted that the Law Commission’s declaration as public authority is still under examination. He attended the hearing without any supporting documents and hence this Commission summoned entire files concerning to the subject matter. Upon perusal of the files including notesheet, communication/correspondences, submitted by the respondent public authority, Commission finds it necessary to hear the question whether BCCI is public authority under section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of RTI Act, 2005.
3. The appellant has raised a very important issue regarding the status of the Cricket team selected by BCCI. Her question whether it is “a Team India” or “Team BCCI”, raises an issue of exclusive authorisation of BCCI to select team for India. In fact, this exclusiveness of authorisation created a monopoly in favour of federal body of sports for Cricket called BCCI and because of which all its wealth is created. The Apex Court and other High Courts have expressed many a time that the BCCI performs a public function and it is straight away related to public activity because of which the BCCI should be accountable to public in general and in public interest. There have been several doubts raised by Ministry of Law and Ministry of Youth Affairs and Sports, even after the recommendation of the Law Commission as to whether the BCCI do come under the purview of RTI Act.
4. The Commission thinks that it is the responsibility of the Central Information Commission to put an end to this prolonging uncertainty which makes the BCCI non-transparent and unaccountable without any moral backing and legal reasoning. Hence, the Commission thinks in public interest, in the interest of fair Cricket and for fair process of selection of Indian Cricket team members, the BCCI should be made transparent, accountable and answerable under the Right to Information Act, 2005.
5. Hence, the Commission directs the CPIO/authorized representative of BCCI to explain why the Commission should not declare the BCCI as public authority in view of various judicial pronouncements and the Law Commission’s recommendation in its 275th Report.
6. The Commission also directs the CPIO of Ministry of Youth and Sports Affairs to present their case in this regard. All the written explanations should reach this Commission on or before 31.07.2018. The instant case is posted for compliance on 01.08.2018 at 3:00PM.
SD/-
(M. Sridhar Acharyulu)
Central Information Commissioner
Citation: Geeta Rani v. Ministry of Youth Affairs & Sports in CIC CIC/MOYAS/A/2018/123236, Date of Decision -10.07.2018