The Central Information Commission (CIC) ruled that the Board of Control for Cricket in India is not a “public authority” under the Right To Information (RTI) Act.
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Key Observations of the CIC
- No Substantial Government Control: The CIC observed that the BCCI functions independently without “deep and pervasive” government control over its administration, finances or management.
- Not a Public Authority under RTI Act: The Commission held that the BCCI does not satisfy Section 2(h) of the RTI Act as it is neither established by the Constitution nor substantially financed by government funds.
- Section 2(h) of the RTI Act defines a “public authority” as any body or institution of self-government established by the Constitution, by Parliament/State Legislature laws, or by government notification.
- This legally binds these entities to disclose information and respond to citizen requests
- Autonomous Private Body: The BCCI was recognised as a private autonomous organisation registered under the Tamil Nadu Societies Registration Act, 1975.
- Public Functions Do Not Automatically Invite RTI: The CIC clarified that performing public functions like managing cricket does not automatically make an organisation a “public authority” under the RTI framework.
About BCCI
- The BCCI is India’s national governing body for cricket and is affiliated with the International Cricket Council.
- Founded In: It was established on 10 December 1928 and is headquartered at Wankhede Stadium, Mumbai.
- Organisational Structure: The BCCI is governed by state cricket associations through the General Body and Apex Council consisting of office-bearers and player representatives.
- Key Roles: The BCCI manages Indian men’s, women’s and junior cricket teams, organises domestic tournaments like the Ranji Trophy and operates commercial events such as the IPL and WPL.
- Global Influence: The BCCI is considered the wealthiest cricket board globally and significantly influences ICC scheduling, broadcasting and international cricket governance.
Judicial Precedents on the Status of BCCI
- Zee Telefilms Ltd. v. Union of India (2005): The Supreme Court held that the BCCI is not a “State” under Article 12 due to absence of deep government control.
- Article 12 defines the term ‘State’ to include the Government and Parıliament of India, state governments, and all local and other authorities.
- BCCI v. Cricket Association of Bihar (2015): The Court ruled that although BCCI is not “State”, it can still be subjected to writ jurisdiction under Article 226 because it performs public functions.
- BCCI v. Cricket Association of Bihar (2018): The Supreme Court directed governance reforms and implementation of Lodha Committee recommendations to improve transparency and accountability.
- Thalappalam Cooperative Bank v. State of Kerala (2013): The Court clarified that public functions alone do not make an institution a “public authority” unless substantial government financing or control exists.
- BCCI v. Reepak Kansal (2026): The Supreme Court reaffirmed BCCI’s exclusive authority to represent India in international cricket administration.
Key Recommendations and Developments Regarding BCCI
- Lodha Committee (2015): The Supreme Court-appointed Lodha Committee recommended bringing the Board of Control for Cricket in India under the RTI Act to ensure transparency and public accountability.
- The committee proposed cooling-off periods, fixed tenure limits and restrictions on ministers and government officials holding BCCI posts.
- The committee recommended separating IPL governance from regular BCCI administration to reduce conflict of interest.
- Law Commission of India (275th Report): The Law Commission recommended classifying the BCCI as a “public authority” under the RTI Act due to its public functions and national representation role.
- The report stated that the BCCI should remain subject to judicial review under writ jurisdiction because it performs functions affecting public interest.
- National Sports Governance Act, 2025: The Act granted the BCCI official recognition as a National Sports Federation while retaining its status as a private autonomous body.
- The Act requires the Board of Control for Cricket in India to get formal recognition from the government-appointed National Sports Board to operate as the apex NSF for cricket.
- RTI Exemption under 2025 Act: The Act clarified that only sports bodies receiving direct government financial assistance would fall under the RTI Act, thereby exempting the BCCI.
- Despite RTI exemption, the 2025 Act requires the BCCI to obtain recognition from the National Sports Board and comply with ethical and safe-sports standards.
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About the Central Information Commission (CIC)
- The CIC is a statutory and quasi-judicial body established under the Right to Information Act, 2005 to adjudicate RTI-related complaints and appeals.
- Composition and Structure: It consists of one Chief Information Commissioner and up to ten Information Commissioners.
- Appointment: Members are appointed by the President on recommendation of a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
- Eligibility: Members must possess expertise in fields such as law, governance, journalism, science, administration or social service.
- Removal: The President can remove CIC members on grounds such as proved misbehaviour or incapacity after Supreme Court inquiry and recommendation.
- Powers and Functions: The CIC hears RTI appeals, directs disclosure of information, monitors RTI implementation and promotes transparency in public authorities.
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Conclusion
The BCCI judgment highlights the continuing constitutional debate between institutional autonomy, public accountability and transparency in bodies performing significant public functions.
20 May 2026
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