CONSTITUTIONAL VALIDITY OF BOARD OF CONTROL FOR CRICKET IN INDIA (BCCI)
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Abstract
The Board of Control for Cricket in India is the national governing body for cricket in India. The board was formed in December 1928 as a ‘society’. The BCCI is India’s richest sporting body and richest cricket board in the world. In the year of 2018, after 90 years of its establishment the Law Commission of India in its 275th report has recommended that BCCI should be classified as a ‘state’ under Article 12 of the Constitution of India. The Commission was headed by B.S. Chauhan who submitted a 128 pages report to the Law Minister. It stated BCCI performs ‘state’ like functions, receives public funding and so, should be brought under the ambit of the Right to Information Act,2005.
As per Article 12 of the Constitution of India, “the State” includes the Government and Parliament of India and Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. In Ajay Hasia v. Khalid Mujib Sehravardi, it has been held that a society registered under the Societies Registration Act ,1898 , is an agency or “instrumentality of the State” and hence a ‘State’ within the meaning of Article 12.
After the IPL controversy and discrepancy in functions of BCCI and State Associations on January 2015, Lodha committee was formed. Lodha Committee advocates for uniformity in constitution and functioning of BCCI and member associations but does not recommend for enacting a national law for uniform, transparent and accountable sports bodies in India. Further it may be difficult to get BCCI under scrutiny of RTI until a national law is enacted by the parliament.
After the Law Commission Report the question arises whether BCCI should come within the purview as a ‘state’ under the Article 12 of the Constitution of India?
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