Hindustan Times: New Delhi: Thursday, January 11, 2018.
The Board of
Control for Cricket in India (BCCI) should be brought under the ambit of the
Right to Information (RTI) Act which makes seeking information on the
functioning of public bodies a citizen’s right by law because it performs a
public function and receives exemptions and grants from public funds, Law
Commission Chairman Justice BS Chauhan said in an interview on Wednesday.
“BCCI should
be under the RTI Act,” Justice Chauhan said. “They get a lot of government
grants in terms of tax exemptions and land at concessional costs from the
public exchequer.”
“I don’t want
to comment on the issue,” said BCCI’s acting president C.K. Khanna.
The Law
Commission is in the process of finalising its report on the subject. The
Supreme Court had, in July 2016, made a reference to the commission which
advises the government and the courts on legal matters asking it to examine
whether the RTI Act that applies to government undertakings can also apply to
BCCI.
“We have
circulated a draft among our members and a meeting on the subject will take
place later this month. A final review of the matter is pending,” Justice
Chauhan said.
The
commission’s draft which has also been sent to the union law secretary and the
secretary, legislative affairs, who are ex-officio members of the LCI, states
that the BCCI received tax exemptions amounting to Rs 2,100 crore from 1997 to
2007.
“Owing to its
monopolistic character coupled with the public nature of the functions it
(BCCI) performs and the substantial financing it has received over the years
from appropriate governments, in the form of tax exemptions, land grants et al,
it can, within the existing legal framework itself, be termed as a ‘public
authority’ and be brought within the purview of the RTI Act,” the draft has
said.
“By virtue of
being the organisers of competitive cricket, BCCI is de facto legislating on
sport-related activities,” it adds on the public function that the organisation
performs, underlining the need for it to be under the information act.
Experts have
in the past made similar recommendations. Former Chief Justice of India RM
Lodha who headed the committee to suggest reforms in the BCCI and Justice Mukul
Mudgal who investigated spot-fixing allegations in the Indian Premier League
had both recommended that RTI apply to the BCCI’s functioning.
“Eventually
it is for Parliament to decide but only public functions of the BCCI should be
under the RTI. Other things pertaining to players’ selection and the sport
should be kept out because that will affect the game of cricket,” Justice
Mudgal said.
Former CJI
Lodha said the commission’s proposed move will “help lawmakers to move in the
direction of bring BCCI and its functioning under the RTI regime.”
“It has to be
done by amending the RTI Act,” he said.
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