NEW DELHI: The Law Commission of India has recommend that the Board of Control for Cricket in India (BCCI), along with all of its constituent member cricketing associations, should be brought under the Right To Information (RTI) Act .
In its report submitted to the Law Ministry on Wednesday, the Law Commission stated that the BCCI falls under the definition of a public authority which has received substantial financing from governments. It also pointed out that non-consideration of the role played by the BCCI as “monopolistic” in the regulation of the game of cricket has resulted in the board “flying under the radar of public scrutiny, encouraged an environment of opacity and non-accountability”.
The submission of the report is the outcome of a request the Supreme Court had made before the commission in 2016, asking it to recommend whether the cricket board can be brought under RTI.
Asserting that the cricket board works as a limb of the State, the law panel argues the BCCI has received “substantial financing” from appropriate governments in the form of tax exemptions and land grants.
“To be precise, between 1997-2007, the total tax exemption amounted to Rs 21,683,237,489/- (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2007-2008 onwards, the registration of BCCI under section 12A of the Income Tax Act, 1961, as a charitable trust, was withdrawn,” it noted.
The BCCI, it said, exercises ‘state-like’ powers affecting the fundamental rights of the stakeholders, guaranteed (in) the Constitution. 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.
It noted that human rights are sacrosanct and innately associated with the human personality. These rights…are to be respected by, and can be enforced against not only the state’ but also private entities.
Therefore, the BCCI should be held accountable, under all circumstances, for any violations of basic human rights of the stakeholders, the report said.
To support its case further, the law panel said the uniform Indian team wears contains the national colours and their helmets display the Ashok Chakra.
“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,” it said.
The panel is of the view that the BCCI virtually acts as a national sports federation.
It said the BCCI’s memorandum of association states that the Board’s objects and purposes are to control, improve quality, lay down policies pertaining to the game of cricket in India as well as select teams to represent India at international fora.
“Moreover, as per the statement made in the Lok Sabha, the Central government has already been regarding BCCI as a national sports federation… 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 said.
The recommendations made by the Commission in full:
(1) Non-consideration of the role played by BCCI as monopolistic in regulation of the game of cricket has resulted in the Board flying under the radar of public scrutiny, encouraged an environment of opacity and non-accountability. In the past, this has probably given an impression in the minds of the general public that corruption and other forms of malpractices are adversely affecting one of the most popular sports played in India. BCCI exercises ‘State-like’ powers affecting the fundamental rights of the stakeholders, guaranteed under Part III of the Constitution. It is hereby recommended that 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.
(2) Human rights are sacrosanct and innately associated with the human personality. These rights are continually evolving, are to be respected by, and can be enforced against not only the ‘State’ but also private bodies/entities. Therefore, the BCCI should be held accountable, under all circumstances, for any violations of basic human rights of the stakeholders.
(3) BCCI virtually acts as a National Sports Federation (NSF). Its own Memorandum of Association states that the Board’s objects and purposes are to control, improve quality, lay down policies pertaining to the game of cricket in India as well as select teams to represent India at international fora. Moreover, as per the statement made in the Lok Sabha, the Central Government has already been regarding BCCI as a National Sports Federation and hence, it is recommended that, for the removal of any doubt, the same be explicitly mentioned in the list of NSFs available on the ministry’s website. This express mention would automatically bring BCCI within the purview of RTI Act. Other sports bodies listed as NSFs’ in Annual Report 2016-17, 177 of the Ministry of Youth Affairs and Sports available on its website do attract the provisions of the RTI Act. This website also contains information regarding (Chief Public Information Officer) CPIOs and Appellate Authorities catering to RTI requests addressed to specific NSFs.
In light of the above stated facts, 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.
(4) Additionally, it is recommended that RTI Act be made applicable to BCCI along with all of its constituent member cricketing associations, provided they fulfil the criteria applicable to BCCI, as discussed in this Report.
On a separate note, it needs stating for the record that the recommendations of the Law Commission are NOT binding on the government.
To access the full report, click here…
