Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Articles 12 14 33 of State list and 25 of Concurrent List: 15 16 Constitution of India 19 Entry Nos. 45 and 97 of Union list 141 226 and 298 136 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950; Articles 12, 14, 15, 16, 19, 32, 136, 141, 226 and 298; Entry Nos. 45 and 97 of Union list, 33 of State list and 25 of Concurrent List: Grant of right to telecast cricket matches for certain period in favour of appellant by Board of Cricket Control in India-Cancellation---Challenge to-- Held by the Court: Board is not an authority/other authority-Hence, writ against it not maintainable. Held, per majority : An authority must be created by statute having powers to make laws/rules/regulations could only be called as other authority in terms of Article 12 of the Constitution-However, Supreme Court could assign the term 'authority' a wider meaning by judicial interpretation to prevent the Government from by-passing its constitutional obligations-Merely because a non-governmental body performing some public duty that by itself would not suffice to make such a body other authority-Board is not financially! administratively/functionally under the effective control of the Government - Since Board has not been performing its functions as an authorised representative of the State, it cannot be called as an instrumentality of the State-Moreover, Central Government's control over certain activities of the Board is regulatory in nature and, thus, cannot be termed as pervasive control- Hence, the Board is not an authority. Held, per minority : Constitution is an ongoing document and thus should be interpreted liberally-Article 12 of the Constitution must receive a purposive interpretation-Board has been allowed by the Government of India to exercise enormous powers to control the game of cricket and even to trespass across the fundamental rights of citizens-Any activity having direct influence on the citizens could be identified as an activity of Stale, and thus public functions-Presence/absence of a particular element not determinative of characteristics of an authority, if on overall consideration it satisfies ingredients of Article 12 of the Constitution-Since Board regulates and exercise control over the competitive cricket/members and represent a sovereign country'. India, while participating in national/international events, it is an authority/state-Since the Board is performing regulatory functions, it could be compelled by the Court of Law to abide by rule of law-Writ jurisdiction of Supreme Court/High Court could be invoked against it. Article 141-Law laid down by the Supreme Court-Applicability of Statutory Authority vis-a-vis public authority-Distinction between. Functioning of a body-Judicial Review-Scope of-Discussed. The question which arose for consideration was as to whether the Board of Cricket Control in India falls within the definition of 'the State' as contemplated by Article 12 of the Constitution of India. It was contended for the petitioners that the Board enjoys extensive powers in terms of the Memorandum and Articles of the Association, in selecting players for the Indian National Team, representing India in cricket matches domestically and internationally; that the Board enjoys disciplinary power over the players/umpires and other officials involved in the game; that the Board exercises Governmental functions in the game of Cricket; that since playing cricket is a profession, the Board controls the fundamental right of a citizen under Article 19(1)(g) of the Constitution; and that since Union of India has pervasive control over the activities of the Board, it could appropriately be termed as "other authority" in terms of Article 12 of the Constitution. It was contended by Respondent No. 2 - Board that a petition under Article 12 of the Constitution is not maintainable against it since it is not "State" within the meaning of Article 12 of the Constitution of India; that it is not created by any statute but registered under the Societies Registration Act; that it is an autonomous body, administration of which is not controlled by any other authority including Union of India; that it does not take any financial assistance from the Government nor is it subjected to any financial control by the Government nor its accounts are subject to the scrutiny of the Government; that it is not conferred with monopoly status in the game of cricket by any statute or by any order of the Government; that there is no law which prohibits the coming into existence of any other parallel organisation; that as per the parameters laid down by the Seven Judge Bench of this Court in the case of Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Ors. the Board cannot be construed as State for the purpose of Article 12 of the Constitution. |
Judge | Hon'ble Mr. Justice N. Santosh Hegde |
Neutral Citation | 2005 INSC 59 |
Petitioner | M/s. Zee Tele Films Ltd. And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2005] 1 S.C.R. 913 |
Judgement Date | 2005-02-02 |
Case Number | 541 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |