Courts should treat BCCI's tax exemptions as state grants for greater transparency
The article argues that the Board of Control for Cricket in India (BCCI), despite being a private body, benefits significantly from national symbolism, state resources, and regulatory privileges, effectively monopolizing a national sport. It contends that the BCCI's tax exemptions, amounting to thousands of crores, should be considered a form of state grant, justifying its inclusion under the RTI Act. While the Central Information Commission (CIC) recently reversed a ruling to exclude BCCI from RTI, the Supreme Court in 2015-16 affirmed that BCCI performs public duties, especially when adopting Lodha committee recommendations. The Law Commission in 2018 also supported this, citing BCCI's role as a National Sports Federation and its substantial tax exemptions. The article suggests amending Section 2(h) of the RTI Act to include bodies discharging public duties with monopoly power.
Key Points
- The BCCI, despite being a private entity, benefits from state resources, regulatory privileges, and tax exemptions, making it akin to a state-supported body.
- Tax exemptions granted to the BCCI should be viewed as a form of state grant, warranting greater public scrutiny and transparency.
- The Supreme Court has previously stated that the BCCI performs public duties, especially concerning the Lodha committee recommendations.
- The Central Information Commission (CIC) recently ruled to exclude BCCI from the RTI Act, reversing an earlier decision.
- The article advocates for amending Section 2(h) of the RTI Act to include bodies with monopoly power performing public duties.
Exam Facts
- Section 2(h) of the RTI Act defines 'public authority'.
- Supreme Court observations on BCCI's public duties were made in 2015-16.
- Lodha Committee recommendations were adopted by BCCI.
- BCCI received tax exemptions worth ₹2,100 crore between 1997-2007.
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