Can Mandamus Writ be issued against BCCI ?

632 votes

Definitely Yes. Supreme Court opined as follows in the case of Zee Telefilms Ltd. v. Union of India. That was a case in which the Supreme Court, while deciding the question whether the Board of Control for Cricket in India (for short, 'the BCCI') is a State, noticed the tests laid down by the Supreme Court (Pradeep Kumar Biswas v. Indian Institute of Chemical Biology) and came to the conclusion that the BCCI is not shown to be "functionally" or "administratively dominated" by or is under the control of the Government. It held that the exercise by the Board did not pervade it, merely it is regulatory in nature and thus held that the BCCI is not "State" for the purpose of Article 12 of the Constitution of India. However, taking into consideration the fact that the BCCI discharges certain duties like the selection of an Indian Cricket team, controlling the activities of the players and others involved in the game of Cricket, the Supreme Court held that these activities can be said to be akin to public duties or State's functions and if there is violation of any constitutional or statutory obligation or rights of other citizens, the aggrieved party may not have a relief by way of petition under Article 32 of the Constitution, but such party can always seek a remedy under the ordinary course of law or by way of a Writ Petition under Article 226 of the Constitution of India. In Rahul Mehra And Anr. vs Union Of India (Uoi) And Ors. on 4 October, 2004, the Supreme Court held that "If a public duty or public function is involved, any body, public or private, qua that duty or function, and limited to that, would be subject to judicial scrutiny under the extraordinary writ jurisdiction of article 226. The BCCI which is the simple repository of everything cricket in India has attained this ''giant'' stature through its organisation, skill, the craze for the game in India and last but not the least by the tacit approval of the Government. Its objects are the functions and duties it has arrogated to itself. Many of these are in the nature of public duties and functions. Others may be in the field of private law such as private contracts, internal rules not affecting the public at large etc.,. Therefore, BCCI cannot be said to be beyond the sweep of article 226 in all eventualities for all times to come. "

Advocate Abul Kalam Azad Sulthan LawRato