Is BCCI a State Under Article 12?
The Board of Control for Cricket in India (BCCI) is considered a "State" under Article 12 of the Indian Constitution has been a significant legal debate.
Is BCCI a State Under Article 12?
What is Article 12?
Article 12 defines the word “State” for the purposes of Part III (Fundamental Rights) of the Constitution.
It includes:
The Government and Parliament of India,
The Government and Legislature of each State,
All local or other authorities within the territory of India or under the control of the Government of India.
Why does it matter if BCCI is a "State"?
If BCCI is a “State” under Article 12, then it is bound by Fundamental Rights and the Right to Equality (Article 14), Right to Freedom (Article 19), etc.
This means BCCI’s actions can be challenged in court for violating fundamental rights.
The Controversy
BCCI is a private body that governs cricket in India but plays a very important public function.
It receives government recognition, manages international cricket matches, and is the de facto governing body for the sport.
So the question arises: is it “state” because of its public function and control by the government?
Key Supreme Court Judgment: Board of Control for Cricket in India v. Cricket Association of Bihar (2015)
The Supreme Court held that BCCI is NOT a ‘State’ under Article 12.
Reasons:
BCCI is an autonomous body, registered as a society under the Tamil Nadu Societies Registration Act.
It is not funded by the government and does not perform statutory functions.
It does not exercise any sovereign or governmental powers.
Despite its public functions, BCCI remains a private entity.
However, because of its crucial role in sports administration, the Court observed that BCCI must adhere to principles of transparency, fairness, and accountability.
The Court directed reforms under the “Justice Lodha Committee” to ensure BCCI’s governance is transparent.
Summary
| Aspect | BCCI |
|---|---|
| Nature | Private, autonomous body |
| Registration | Registered as a society |
| Government Control | No direct control or funding |
| Public Function | Yes (sports administration) |
| Held as “State” under Article 12? | No |
| Subject to Fundamental Rights? | No (but must follow transparency and fairness principles) |
Conclusion
BCCI is NOT a “State” under Article 12.
Therefore, fundamental rights like equality and non-discrimination under the Constitution do not strictly apply to BCCI.
But the Supreme Court has emphasized that BCCI, due to its public role, must operate with accountability and transparency.
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