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This is an archive article published on February 3, 2005

BCCI isn’t a state, says SC

The Board of Control for Cricket in India received yet another boost when the Supreme Court ruled on Wednesday that it was not a state withi...

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The Board of Control for Cricket in India received yet another boost when the Supreme Court ruled on Wednesday that it was not a state within the meaning of Article 12 of the Constitution. It also dismissed Zee TV’s writ petition challenging the scrapping of four-year telecast rights for domestic cricket matches under Article 32G and Article 12 but maintained it under Article 226, in the High Court.

In simple terms it means that the BCCI has not been completely let off the hook — though it is not an instrument of the state it is still answerable to the public.

So what are the implications of the ruling?

BCCI vice-president Rajeev Shukla told The Indian Express that the ruling would improve the image of the board in public and further enhance the opinion that the board functions with the sole intention of promoting cricket in the country.

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‘‘Some forces have been trying hard to bring an ordinance to take over the board but the court ruling has given the board a stamp of authority and squashed those efforts’’, he said. Shukla added that with the ruling it is clear that the board is an autonomous body and will continue to take its own decisions independently. Ashish Kaul, vice-president of Zee Telefilms too, hailed the Supreme Court ruling stating that the BCCI was performing a public duty under Article 226.

Zee had originally won the cricket rights by bidding the highest amount to US$260 million on September 2004. But when rival broadcaster ESPN Star Sports challenged the decision in court, the board backed out of the deal. With Zee launching its sports channel in the second quarter of this year this is a serious setback.

‘‘The Supreme Court has only put the case in the right perspective’’, Kaul said. ‘‘Even though it has said that the BCCI is not a state, it has maintained that the BCCI is a public office under Article 226 and is liable to public scrutiny. This only means that the board cannot work in its autocratic manner anymore.’’

He also added that his company was consulting its legal advisors and would declare their further course of action soon.

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BCCI vice-president Kamal Morarka however scoffed at the accusation that the Board worked in an autocratic fashion. ‘‘We are as accountable as any other sports federation in the country. We have always run the board in a very transparent manner and every single thing is accounted for. We care for the sport more than any other organization in the country.’’

‘‘We only nominate those people to the selection board who have played cricket at least at the Ranji Trophy level. Sunil Gavaskar chairs our technical committee and other members have all played cricket. None of the other federations have this kind of streamlining.’’

He said that the media often refers to the board as the richest sports body in the country but at the same time labels it as most unprofessional. ‘‘Something is amiss here. We can’t be unprofessional and yet be the richest body in the country.’’

TV DEAL: ON AGAIN, OFF AGAIN
   

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