BCCI Exempted from RTI Act via Sports Bill

Why in News ?

The Union government amended the National Sports Governance Bill, exempting the BCCI from the Right to Information (RTI) Act unless it receives government financial aid, triggering concerns over transparency and accountability in Indian sports administration.

Key Amendments in the Sports Governance Bill:

• BCCI will not be fully subject to the RTI Act, 2005, unless it receives central or state government assistance.
• The amended clause restricts RTI applicability only to queries related to public funds, not on internal functioning.
• Previous Clause 15(2)—which mandated RTI coverage for all recognised national sports federation—was omitted.
• Now, only government-funded sports bodies are deemed “public authorities” under RTI.
• Despite the exemption, BCCI must still adhere to provisions like forming an Athletes’ Committee, Ethics Commission, and Safe Sports policy.

BCCI and RTI: Legal and Institutional Debate

• RTI Act (2005) defines a public authority as a body that is substantially financed or created by a law of Parliament or State Legislature.
• The Lodha Committee (2016) and Law Commission (275th report, 2018) recommended bringing BCCI under RTI due to its monopoly, public role, and indirect government support (tax benefits, land grants).
• BCCI is registered under the Tamil Nadu Societies Registration Act, 1975.
• This amendment ensures the Bill does not conflict with existing legal provisions of the RTI Act and avoids legal challenges.

| Understanding RTI Act & Its Applicability : ● The RTI Act, 2005 applies to bodies that are:

○ Created by laws made by Parliament/State Legislatures, or

○ Owned, controlled, or substantially financed by the government.

• “Substantially financed” remains a key legal criterion.
• With this bill, only the financially assisted activities of sports bodies can be questioned under RTI.

National Sports Governance Bill: Key Highlights

• Purpose: Aims to ensure transparency, accountability, and good governance in India’s national sports federation.
• Independent Oversight: Proposes formation of a National Sports Ethics Board and a Dispute Resolution Tribunal.
• Athletes’ Rights: Recognises athletes as stakeholders, ensuring representation in decision-making bodies.
• Tenure and Age Limits: Enforces term limits and age caps for office bearers in sports bodies.
• RTI Coverage: Brings sports federations under the RTI Act for greater transparency.
• Gender Equality: Mandates at least 25% representation of women in all sports bodies.
• Penalty Provisions: Penalises misgovernance and ethical violations.

The bill also proposes the establishment of a national sports board to oversee the implementation of these reforms and ensure compliance with international standards set by global governing bodies in various sports disciplines. This move aims to align Indian sports governance with global best practices while addressing the unique challenges faced by national sports federation in the country. By adhering to standards set by global governing bodies, the bill seeks to elevate India’s sports administration to international levels of transparency and efficiency, positioning it in line with the expectations of global governing body organizations in the sports world.