The panel recommended that the Board of Control for Cricket in India (BCCI) should be classified as a "state" under Article 12 of the Constitution and be made answerable to authorities, including the courts.
The Law Commission of India on Wednesday recommended to the Central government that the Indian cricket board be brought under the ambit of the Right To Information (RTI) Act.
The panel recommended that the Board of Control for Cricket in India (BCCI) should be classified as a "state" under Article 12 of the Constitution and be made answerable to authorities, including the courts.
The panel, headed by Justice BS Chauhan, after its meeting on Wednesday informed the Ministry of Law that "BCCI exercises state-like powers affecting the fundamental rights of the stakeholders", and that the "board has taken a flight under the radar of public scrutiny".
The recommendations of the Law Commission of India, however, are not binding on the Central government.
This is not the first time that such a recommendation has been made to the government. However, as many political heavyweights are associated with the BCCI and its state bodies, including BJP president Amit Shah, one of the top officials of the board told DNA that "there is nothing new in this recommendation".
"BCCI, being the richest sports body in the country, has been on everyone's radar for a long time. Since we (BCCI) don't take any grant from government or sports ministry, our position is clear that there is no way we can be forced to come under the RTI," said the BCCI official on Wednesday.
When reminded that the law panel's report has pointed out that BCCI has received "substantial financing" from governments in the form of tax exemptions and land grants, the official cited the instance of 2013 when under the UPA-II rule, the then sports minister Ajay Maken's had tried in vain to get a Sports Bill passed by bringing it before the Union cabinet.
"The situation has not changed a bit even now (reminding how the bill was thrown out of window). The emphasis should be to improve sports infrastructure in India rather than trying to control BCCI through various means," added the board official.
The law commission has cited the July 2016 Supreme Court judgment where the top court had asked it to recommend whether the BCCI can be brought under the RTI Act.
"BCCI, falling in line with the foreign policy of India, did not recognise a player from South Africa due to their practice of apartheid; and that the cricket matches between India and Pakistan in view of tense international relations were made subject to government approval. The foregoing positions BCCI as a limb of the state," the law panel report has argued.
A REMINDER
The Law Commission has cited the July 2016 Supreme Court judgment where the top court had asked it to recommend whether the BCCI can be brought under the RTI Act.
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