 "Explained: How BCCI is set to be kept out of RTI Act's ambit after latest amendment by Sports Ministry")
The Board of Control for Cricket in India (BCCI) has received a major relief from the Sports Ministry, as a crucial amendment has reportedly ensured that the richest cricketing board in the world will not come under the ambit of the Right to Information (RTI) Act.
The BCCI has been independent of the Sports Ministry all this while, but the National Sports Governance Bill, which was tabled in Lok Sabha on 23 July by Union Minister Mansukh Mandaviya, brought the Indian cricket board under the ambit of the proposed National Sports Board (NSB).
The National Sports Governance Bill seeks to provide recognition to National Sports Federations (NSFs) and regulate their functioning, promoting better governance and bringing in more transparency. The BCCI will remain an autonomous body under the National Sports Governance Bill, just like the other NSFs, but their disputes will be handled under the National Sports Tribunal.
Despite being tabled on 23 July in the Lok Sabha, the National Sports Governance Bill has not come up for discussion in the House due to a prolonged stand-off between the government and the opposition over other matters.
How will BCCI be kept out of RTI Act ambit?
Amid the logjam in the Parliament, the BCCI has received some good news as sources say that the Sports Ministry has amended the RTI-related provision of the National Sports Governance Bill. As per the latest amendment, only the sports federations that rely on government grants and assistance will now fall under the ambit of the RTI Act.
Earlier, clause 15 (2) stated that “a recognised sports organisation shall be considered as a public authority under the Right to Information (RTI) Act, 2005 with respect to the exercise of its functions, duties and powers under this Act.”
But BCCI wasn’t comfortable with the situation and reportedly protested coming under the RTI Act as it does not depend on government grants. The amendment has now brought an end to their worries.
Impact Shorts
More Shorts“The amended clause defines public authority as an entity that is relying on government funds or assistance. With this amendment, there is a clear definition of what is a public authority,” a well-placed source told PTI.
“If this had not been done, it would have been a grey area that could have led to the bill getting held up or being challenged in court. So anything that involves public money will come under RTI. It defines the specifics,” the source added.
“And even if a national sports body is not taking government funds, it can still be questioned if government assistance of any kind is involved in the conduct or operation of its events. Because government assistance is not merely funds, it is also about infrastructure,” he explained.
The RTI Act defines a “public authority” as any institution or body established by a law passed by Parliament or a State Legislature, including those owned, controlled, or significantly funded by the government.
The amended sports bill aims to align with this definition. Once enacted, the BCCI will be required to register as a National Sports Federation (NSF), as cricket is now an Olympic sport and is set to debut in the T20 format at the 2028 Games.
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