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 :

• A. Yes, because the Board has monopoly on cricket in India.
• B. No, because the monopoly on cricket is neither State conferred nor State protected
• C. No, because the control of BCCI, if any, is only regulatory.
• 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.

Answer 1

Answer: (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.

Answer 2

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..