Critical Analytical Note

Home » Uncategorized » Indian Legal Issue- The Recent Controversies regarding the BCCI

Indian Legal Issue- The Recent Controversies regarding the BCCI

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Critical Analytical Note: Critical Analytical Note

Legality of Hyperlinks

Legality of Hyperlinks

I, for one, while writing, picture the intended audience and the beneficiaries (wishful thinking). This article talks about the legality of hyperlinks, taking a leap from trademarks we jump to the next but a slightly tangled trajectory of Intellectual property Law. Copyrights are about ideas, they say ideas are bullet proof but with all my […]

Preliminary decree in partition suit and role of Commissioner

Preliminary decree in partition suit and role of Commissioner

In a partition suit, preliminary decree is passed. An execution petition is filed by the plaintiff before the court. Court allows for it and appoints a commissioner in furtherance of the same. However, objections are filed against the execution of the decree and for the recall of preliminary decree, by the defendant. Court allows for […]

Filing for trademark in India

Filing for trademark in India

In today’s materialistic world where intangible standards of quality such as the goodwill and the brand value of a certain product matter than the tangible quality of the product itself, when the common folk, the youth, dances to the tunes of wakhra swag shunning the idea of running after the brand tags but savagely contradicting […]

Material alterations to a Cheque

Material alterations to a Cheque

We received multiple requests to consider doing a post on material alterations to a Cheque than confining ourselves to just alterations in the signature. In this post we look at various issues that arise out of altering a Cheque…let’s get started! What constitutes material alteration of a Cheque once it has been signed? What changes […]

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Cheque bounce Case (Altered presumption of acquittal by sessions court)

Now let’s alter the presumption. Presumption here is that Sessions court has acquitted the individual after he was convicted by the trial court. In case of acquittal by session court, section 378 of CrPC will come into play. Under sub-section 4, a private individual may by an application made to HC ask for grants special leave […]

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This article pertains to the contentious issue of  the legal status of Board of Cricket Control in India or the BCCI, a debate which has been ongoing since the first litigation was filed to that effect in 2005, the Zee Telefilms Case that was decided by the Supreme Court by a 3:2 majority. The main issue raised in the aforesaid case was whether the BCCI can be considered State under Article 12 of the Constitution by bringing it under the ambit of ‘Other Authorities’. The Supreme Court very smartly provided aid to the petitioner by first holding that the BCCI cannot be considered State because it is a private body and then it went on to saying that, in situations where private bodies such as the BCCI perform public functions, they can be made amenable to the writ jurisdiction of the High Courts under Article 226 of the Constitution. The main reasoning that the court provided for not declaring BCCI as Other Authorities or State under Article 12 was that it would open floodgates to severe unnecessary litigations on such federations and institutional matters. On the other hand, the minority in this case observed that though BCCI’s functions had an inherent public nature involved, all of its functions were not in public domain and so a writ petitions can lie only if the contentions involved are based on public functions performed by the BCCI.

The controversy related to BCCI and its functioning has arose again in the legal domain after various incidents of alleged corruption in the primary governing body of the sport came in limelight. The recent SC decision in BCCI v. Cricket Association of Bihar brought back all the discussion over this issue and a look into all the judgments was given by the two-judge bench that included CJI T.S. Thakur. The SC in this case again reiterated that even if the BCCI is performing public functions, it can be taken to court under Article 226 and not Article 32. In holding the same, the two-judge bench evolved a new test called “nature of duties and functions” test. Under this, the SC laid down various activities performed by BCCI in which direct assistance is taken from Central/State governments. Adding to the same, they held that BCCI is predominantly a body performing public functions with trite assent of the governments. Further, the court ordered the BCCI to follow the recommendations laid out by the Lodha Committee in order to revamp the BCCI and make its functioning more accountable.

A third-person analysis of the abovementioned judgment will let us delve into one question, if BCCI gets assistance from the governments and also gets protection from State Police and in other ways, why can’t it be termed as “Other Authority” within the ambit of Article 12. We fail to understand why this question has not been appropriately addressed and this view negated, even after coming to the fore time and again.

Building up on Justice Katju’s report on BCCI restructuring, we can say that the judgment in BCCI v. Cricket Association of Bihar was partly flawed because it overlooked precedent decision which were binding on the two-judge bench while ordering BCCI to follow recommendations. Adding on to this point, even the court accepts that BCCI is a private body and is registered under Tamil Nadu Societies Act, then such an order asking for restructuring is one involving major judicial overreach. The power to do the same lies with the BCCI itself, or the State Legislature and Parliament. In light of the same problems, the BCCI is planning to file a review petition against the judgment in the SC and it will be interesting to see whether the SC admits it, keeping in mind the current record of the SC to reject majority of the review petitions.

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