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 HighCourt by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was that BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable? DECISION :

Question

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 HighCourt by filing a writ petition against the Board for Control of Cricket in India (BCCI). The argument advanced was that BCCI is a ‘State’ within the meaning of Article 12 of the Constitution of India. The question is whether the argument is acceptable?   DECISION :

Examsnet · Accepted Answer

Correct Answer is :  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.

AILET 2016 BA LLB Question Paper with answer key for online practice