BCCI monopoly and judicial review

By controlling competitive cricket in India, with minimal regulation, the Board of Control for Cricket in India has enabled itself to encroach upon constitutionally guaranteed civil liberties, writes Suhrith Parthasarathy in the Hindu.

Some fear that this decision of the Supreme Court would open up the floodgates, bringing a number of societies and other such private associations within the courts' powers of judicial review. But, as the English barrister Michael Beloff once wrote, "It is an argument, which intellectually has little to commend it… For it is often the case that once the courts have shown the willingness to intervene, the standards of the bodies at risk of their intervention tend to improve."

Common law has historically imposed a duty on those exercising powers of monopoly -- whether self-arrogated or through governmental intervention -- to act fairly and reasonably. Our courts must now extend this rationale to hold not only the BCCI accountable, but also other such private associations, which in exercise of monopolistic powers, impinge upon the citizenry's most basic civil liberties