Are Non-profit Organisations Subject to the Fundamental Rights? The Case of the Board of Cricket Control in India

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Abstract

The case discusses the issues related to Zee Tele Films Limited’s claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

Additional Information

Product Type Case
Reference No. BP0414
Title Are Non-profit Organisations Subject to the Fundamental Rights? The Case of the Board of Cricket Control in India
Pages 10
Published on Dec 4, 2017
Year of Event 2005
Authors Pathak, Akhileshwar;
Area Strategy (STR)
Discipline Public Policy and Law
Sector Miscellaneous
Learning Objective Scope of 'other authorities' for the application of the Fundamental Rights Private bodies and public function.
Keywords Fundamental Rights; Right to equality; State; Article 12; Public Duty; Judicial Review
Country India
Organization Supreme Court of India
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