Zee Telefilms v. UOI (2005) 4 SCC 649

This case asked a simple question: is the Board of Control for Cricket in India (BCCI) a “State” under Article 12? If yes, writs could be issued against it. The Supreme Court said no. BCCI is a private body, not created by law, not owned by the government, and not under deep government control. So, a writ does not lie against it merely on Article 12 grounds.

• Is a writ petition maintainable against BCCI?
• Is BCCI a “State” within Article 12?

Article 12: “State” includes the Government and Parliament of India, the Government and the Legislature of each State, and all local or other authorities within India or under the control of the Government of India.

Courts also look at control and public function: Is there deep, pervasive government control? Is the function governmental in nature?

• BCCI was not created by a statute and no government shareholding existed.
• Government gave no significant financial aid. Any control was only general and regulatory.
• BCCI enjoyed a practical monopoly over cricket administration, but remained autonomous.
• It was not a transferred government corporation and was not dominated by the government financially, functionally, or administratively.

The Supreme Court held that BCCI is not a “State” under Article 12. Writs do not lie against it merely on that footing.

The Court noted: state aid plus public service may sometimes create a State agency, but neither element was proved to the required level here. Mere public importance or some regulation is not enough.

• To be “State,” there must be deep and pervasive government control or a clear governmental duty.
• Monopoly or popularity does not convert a private body into “State.”
• State funding alone is not decisive; the nature of the function and control matters more.

This case sets guardrails for Article 12. It stops automatic extension of writs to private sports bodies. It also guides how to check “State” status: look at creation, ownership, finance, control, and function.

Mnemonic: “C-F-F Aims” — Creation, Finance, Function, Administrative control, Intensity of control, Monopoly irrelevant, State? (usually no for BCCI)

1. Check creation: Statute or private?
2. Measure control: Financial, functional, administrative?
3. Decide: If control is shallow, “State” test fails.

Article 12

Defines “State” for fundamental rights enforcement.

Writ

A court order enforcing legal rights.

Pervasive Control

Strong, day-to-day government dominance over a body.