BCCI, Comparative Law and Reform of Societies Law: Complete Notes

The last stage of the study tests the law against its most demanding case, compares it with the alternatives abroad, and asks how it should change. BCCI shows how far public law can reach into a registered society; the comparative view shows the design choices India made and could still make; and the reform discussion draws the gaps and options together.

Figure 1: Case study, comparison and reform

1. BCCI as a registered society

• Form: a society registered under the Tamil Nadu Societies Registration Act, 1975.
• Zee Telefilms, (2005) 4 SCC 649: not State under Article 12, lacking Government capital, funding and domination.
• BCCI v. Cricket Association of Bihar, (2015) 3 SCC 251: BCCI's public functions make it reviewable under Article 226; the IPL conflict of interest amendment was struck down and the Lodha Committee appointed.
• Reform arc: recommendations accepted in 2016, the constitution approved with modifications in 2018, and on 14 September 2022 tenure relaxed to two consecutive terms at a State association and two at BCCI, twelve years, before a three year cooling off.
• 2026: on 9 September 2026 the Supreme Court asked why the National Sports Governance Act, 2025 should not govern BCCI and State associations; the question was pending.

Figure 2: BCCI in the courts

2. The comparative view

• South Asia: Pakistan and Bangladesh continue the 1860 Act, so its case law travels across the region.
• England and Wales: regulation by charitable status through the Charity Commission, with the charitable incorporated organisation as an incorporated charitable form.
• United States: the nonprofit corporation under State law, with federal tax exempt status recognised separately.
• Singapore and Malaysia: the Societies Acts of 1966 make registration a condition of lawful existence for associations of the prescribed size, a model Article 19(1)(c) would make difficult in India.

Figure 3: Four designs compared

3. Gaps and reform

• The gaps: no legal personality (Tibbia College, Illachi Devi), no accounts or audit in the central text, no supervisory powers, no uniformity across States.
• The patches: State Acts, tax, FCRA and RTI regimes; the Supreme Court's 10 January 2017 order in the M.L. Sharma public interest case directing audit of nearly 30 lakh NGOs receiving public funds and accreditation guidelines; NGO Darpan; the National Policy on the Voluntary Sector, 2007.
• The options: corporate status for societies; graduated accounts and audit; digital registries; a model law for States; and powers that remain guided, temporary and reviewable.
• The constraint: Entry 32 of the State List makes a single central law difficult; a model law adopted by States, or Article 252, are the realistic routes.

Figure 4: A reform agenda

4. Quick Revision

1. Use BCCI to illustrate Article 12 against Article 226.
2. Classify foreign systems by personality and compulsion.
3. Name the four gaps before proposing reforms.
4. Respect Entry 32 and Article 19(1)(c) in every proposal.
5. Close essays with the accountability and autonomy balance.

5. Frequently Asked Questions

What is the single best example for an essay on societies and public law?

BCCI, because it shows every layer in one body. It is a society registered under a State Act, governed by its own constitution like any other. The Supreme Court held in Zee Telefilms that it is not State under Article 12, applying the Government domination test. In 2015 the Court held that its public functions make it answerable under Article 226, struck down a conflict of interest rule and set the Lodha reforms in motion. And in 2026 the question whether a sports governance statute should replace court supervision was before the Court. An essay can walk through all four stages and draw the general lesson about public power and private form.

Which reform would make the most difference?

Graduated accountability is the strongest candidate, because most of the problems courts and regulators encounter, missing accounts, misused grants, captured committees, stem from the absence of financial discipline in the central Act. Thresholds based on income and public funding would bring larger and publicly funded societies under audit and returns while sparing small community bodies. Corporate status is the next most valuable, ending the awkward substitutes for personality. Uniformity matters, but given the State List, a model law is the realistic way to achieve it.

How should the whole subject be summarised in a final answer?

As a statute that registers but does not incorporate, protected by the freedom of association, supplemented by the States, and surrounded by other law. The 1860 Act gives a society a recognised identity, property vested in its governing body, a litigating name and a lock on its assets. Article 19(1)(c) protects its members' choices. State Acts add accountability and supervision. Tax, FCRA, RTI and the criminal law reach it through public money and function, and Articles 12 and 226 reach it through public power. Reform would turn this patchwork into a coherent modern law, while keeping the voluntary character that made the society India's most common form of civil society.

6. Related Topics and Provisions

• Foundations of societies law
• Societies as State under Article 12
• Writ jurisdiction over societies
• State laws and regulatory control of societies
• Society, trust and section 8 company compared
• Legal status of a registered society