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    A Critique of Zee Telefilms Ltd. vs. Union of India

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    Saurabh Kumar Singh
    This research paper provides a critique of the Supreme Court case Zee Telefilms Ltd. vs Union of India. In this landmark case, the Supreme Court ruled that the Board of Control for Cricket in India (BCCI) does not fall under the definition of "state" under Article 12 of the Indian Constitution. The author argues that the Supreme Court relied too heavily on previous tests and precedents and failed to apply a liberal interpretation according to evolving societal needs. Specifically, the author believes the court did not give enough weight to the enormous authority and public functions held by BCCI. Through this paper, the author aims to analyze whether BCCI should be considered a state by examining issues like public functions, authority,

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    A Critique of Zee Telefilms Ltd. vs. Union of India

    Uploaded by

    Saurabh Kumar Singh
    97 views4 pages
    This research paper provides a critique of the Supreme Court case Zee Telefilms Ltd. vs Union of India. In this landmark case, the Supreme Court ruled that the Board of Control for Cricket in India (BCCI) does not fall under the definition of "state" under Article 12 of the Indian Constitution. The author argues that the Supreme Court relied too heavily on previous tests and precedents and failed to apply a liberal interpretation according to evolving societal needs. Specifically, the author believes the court did not give enough weight to the enormous authority and public functions held by BCCI. Through this paper, the author aims to analyze whether BCCI should be considered a state by examining issues like public functions, authority,

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    This research paper provides a critique of the Supreme Court case Zee Telefilms Ltd. vs Union of India. In this landmark case, the Supreme Court ruled that the Board of Control for Cricket in India (BCCI) does not fall under the definition of "state" under Article 12 of the Indian Constitution. The author argues that the Supreme Court relied too heavily on previous tests and precedents and failed to apply a liberal interpretation according to evolving societal needs. Specifically, the author believes the court did not give enough weight to the enormous authority and public functions held by BCCI. Through this paper, the author aims to analyze whether BCCI should be considered a state by examining issues like public functions, authority,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views4 pages

    A Critique of Zee Telefilms Ltd. vs. Union of India

    Uploaded by

    Saurabh Kumar Singh
    This research paper provides a critique of the Supreme Court case Zee Telefilms Ltd. vs Union of India. In this landmark case, the Supreme Court ruled that the Board of Control for Cricket in India (BCCI) does not fall under the definition of "state" under Article 12 of the Indian Constitution. The author argues that the Supreme Court relied too heavily on previous tests and precedents and failed to apply a liberal interpretation according to evolving societal needs. Specifically, the author believes the court did not give enough weight to the enormous authority and public functions held by BCCI. Through this paper, the author aims to analyze whether BCCI should be considered a state by examining issues like public functions, authority,

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    A CRITIQUE OF ZEE TELEFILMS LTD. VS.

    UNION OF INDIA

    A CRITIQUE OF ZEE TELEFILMS LTD. VS.


    UNION OF INDIA

    A research proposal submitted in partial fulfilment of the course Constitutional


    Law-I for the requirement of degree of B.A. LL.B. (Hons.) for the academic
    session 2020-21

    SUBMITTED BY:

    Ashutosh Suman

    Roll No. - 1920

    5th Semester, 3rd Year

    SUBMITTED TO:

    Prof. Dr. Anirudh Prasad

    Faculty of Constitutional Law I

    Chanakya National Law University


    Nyaya Nagar, Mithapur, Patna
    A CRITIQUE OF ZEE TELEFILMS LTD. VS. UNION OF INDIA

    INTRODUCTION

    The fundamental rights act as the backbone of the Indian Constitution embodied as the basic
    structure of the constitution. In recent times, the functions performed by the government have
    largely expanded with the delegation of authorityupon various private entities. Board of Control
    for Cricket in India (BCCI) holds extensive powers as central cricket authority and its inclusion
    under the state requires deeper analysis. As fundamental rights can be enforced against the state
    only, the definition of state under Article 12 of the Indian Constitution needs critical evaluation
    and the research paper provides insights upon the same through“Zee Telefilms Ltd. and Ors.Vs.
    Union of India and Ors”.

     It is a landmark decision regarding the interpretation of the words “other authorities” under
    Article 12 of the Indian Constitution. It was decided by a five judge bench comprising of N.
    Santosh Hegde, S.B. Sinha, and H. K. Sema. B.P. Singh and S.N.Variava. The main contention
    related to the case was to decide the amenability of judicial review under Article 32 of the Indian
    Constitution against the arbitrary activities of Board of Control for Cricket in India (BCCI). The
    judges were faced with the catechism as to whether BCCI comes within the purview of definition
    of “state” under Article 12 for the maintainability of writ petition or not. The Supreme Court
    ruled that BCCI should not be classified as part of state under pervasive control test and
    dismissed the writ petition.

    Through this paper, the author intends to provide insights upon the flawed reasoning adopted by
    the court and substantiates the use of liberal interpretation of Article 12 of Indian Constitution.  

    The judgement suffers majorly from two defects. Firstly, the courtrelied completely on single
    agency test laid down in “Pradeep Kumar Biswas vs. Indian Institute of Chemical Biology”
    despite the fact that the authority in question in this case has completely different characteristics
    as compared to BCCI. Secondly, the court gave little importance to enormous authority withheld
    by BCCI and ignored the public nature of its various functions. The court gave more importance
    to doctrinal interpretation and failed to apply the liberal interpretation according to evolving
    societal needs. Therefore, the above mentioned points of analysis will be used by the author in
    analyzing the status of BCCI as a state.
    A CRITIQUE OF ZEE TELEFILMS LTD. VS. UNION OF INDIA

    AIMS AND OBJECTIVES:

    1. To know about the facts and judgement of the case.

    2. To Know about whether the BCCI comes under state or not.

    HYPOTHESIS

    The Board of Control for Cricket (BCCI) did not fall within the purview of the term “State”
    because a body answers the portrayal of a public authority, releases public law functions, and
    have public duties would not, on its own, lead to the conclusion that all its functions are public
    functions.

    RESEARCH METHODOLOGY

    The Researcher will be relying on Doctrinal method of research to complete this project.

    SOURCES OF DATA
    Primary sources :- Constitution of India, etc.
    Secondary sources :- Books , Internet etc.

    METHOD OF WRITING
    The method of writing followed in the course of this research paper is primarily analytical.

    CHAPTERIZATION
    1. Introduction
    2. Background of the case and Fact in Issue
    3. Petitioner and Respondent Argument
    4. Article 12 of the Indian Constitution
    5. Public Function and Authority
    A CRITIQUE OF ZEE TELEFILMS LTD. VS. UNION OF INDIA

    6. Overview of the Judgment


    7. Conclusion

    BIBLIOGRAPHY
    Books and Acts

     The Constitution of India


     V.N. Shukla's Constitution of India ( M.P. Singh)
     Indian Constitutional Law ( M.P. Jain)

    Website

     www.manupatra.com
     www.lawtimesjurnal.com
     www.indiankanoon.com

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