Would the World Cup belong to the BCCI or The Republic of India?

India players hoisting the World Cup trophy after the 2011 triumph

With the T20 World Cup in India just round the bend, I often ponder on this thought: if India win the World Cup yet again, will it belong to the BCCI or the Republic of India? Whilst the answer is not as clear as it may sound, let us take a look at some of the factors that determine who actually has ownership of the silverware that is won by the players on the field of play.

World Cup Trivia

Before we begin talking about the topic at length, it is pertinent to look at a brief history about the 50-over World Cup trophy. Prior to 1999, there were separate trophies made for each edition of the tournament. However, from the 1999 edition, the first permanent trophy was unveiled.

The permanent trophy has since been kept at the ICC Headquarters in Dubai and a replica, which is identical in all aspects barring the inscription of the previous champions, is awarded to the winning side at the closure of each edition. Hence, the original World Cup trophy actually belongs to neither the Republic of the State nor the Sports Governing body but is in permanent possession of the International Cricket Council.

Origin of the BCCI

Over a century ago in 1912, an all-Indian team sponsored and captained by the Maharaja of Patiala journeyed to England for the first time ever. 14 years hence, in 1926, two delegates from the Calcutta Cricket Club attended a meeting held in London by the Imperial Cricket Conference (the predecessor to the ICC), wherein it was decided to send a team to India led by Arthur Gilligan.

In a meeting with the Maharaja of Patiala, Gilligan assured India a place in the ICC if all the promoters of the game came together and established a single controlling body. In the December of 1928, 16 years after the first tour to the British Isles, the BCCI was registered under the Tamil Nadu Societies Registration Act with six associations affiliated to it.

An interesting point to be noted here is that the BCCI is registered as a cooperative society and is not a result of ‘an act of Parliament’.

Is the BCCI a government body?

In the landmark case of Zee Telefilms, the Supreme Court elaborately discussed the position of the BCCI as an instrumentality of State under Article 12. The Court squarely applied the test in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology 42 and held that since BCCI is not financially, functionally and administratively controlled by government cumulatively, it cannot be held as a State body and thus writ petition under Article 12 was not maintainable.

Later in Muthiahs‘ Case, the Supreme Court reaffirmed the decision in Zee Telefilms Case and it was held categorically that the BCCI is a private autonomous body and its actions have to be judged like any other similar authority exercising public functions.

Politically run, politically driven but not politically owned

For the layman, the Court confirmed that it is amply clear that the BCCI has no recognition as a government body but is a privately owned cooperative society. It has since time immemorial been run by some of the most powerful men in the country, but the fact remains it has its own constitution and code of conduct, thereby completely distancing itself from being a governmental limb.

Who participates in World Cups?

The BCCI is a member of the International Cricket Council (ICC) and has the sole right to send a team into competitions hosted by the international body. The World Cup involves the participation of the BCCI who in turn send a team that represents the BCCI and eventually the nation as a whole.

Who physically possesses the World Cup trophies?

The World Cup winning trophy of 1983 (damaged by the Shiv Sena in 1999 when they ransacked the BCCI office), the 2007 World T20 trophy as well as the World Cup trophy of 2011 are all proudly showcased in the cabinet of the BCCI office at Churchgate in Mumbai, and not in any official premise of the Central Government.

Conclusion

Since it is amply clear by the aforesaid judgements that the BCCI has no recognition as a government body but is a private autonomous body, it goes without saying that the World Cup tournament, which involved participation of the BCCI, has no connection with the state (read as nation). Hence, it logically follows that the BCCI are sole owners of the same.

Another interesting aspect that drives the nail in the coffin is that the trophies are physically in possession of the BCCI, giving strong indication of the fact that the trophy actually belongs to the sporting body.