Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Any institution or body can be a ‘State’ if it is created under the Constitution or a statute; or if it is substantially financed by the Government; or the Government holds its share capital.
FACTUAL SITUATION : K approached the High Court by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable ?
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Any institution or body can be a ‘State’ if it is created under the Constitution or a statute; or if it is substantially financed by the Government; or the Government holds its share capital.
FACTUAL SITUATION : K approached the High Court by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable ?
DECISION :
LEGAL PRINCIPLE : Any institution or body can be a ‘State’ if it is created under the Constitution or a statute; or if it is substantially financed by the Government; or the Government holds its share capital.
FACTUAL SITUATION : K approached the High Court by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable ?
DECISION :
Updated On: Aug 5, 2024
- Yes, because the Board has monopoly on cricket in India.
- No, because the monopoly on cricket is neither State conferred nor State protected
- No, because the control of BCCI, if any, is only regulatory.
- No, because neither the Board is created under a statute nor any part of share capital of the Board is held by the government and no financial assistance is given by the government to the Board.
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The Correct Option is D
Solution and Explanation
The correct option is (D): No, because neither the Board is created under a statute nor any part of share capital of the Board is held by the government and no financial assistance is given by the government to the Board..
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