Law Commission of India Current Affairs - 2019
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The Law Commission of India (LCI) in its report “Legal Framework: Gambling and Sports Betting including Cricket in India”, has recommended that gambling and betting on sports be allowed as regulated activities. It recommended number of changes in law for regulating betting for making it taxable under direct and indirect tax regimes and used as source for attracting foreign direct investment (FDI). The commission is led by former Supreme Court Justice BS Chauhan
Parliament may also enact model law for regulating gambling that may be adopted by states or Parliament also may legislate in exercise of its powers under Articles 249 or 252 of the Constitution. In case legislation is made under Article 252, states other than consenting states should be free to adopt the same.
It recommended linking Aadhar or PAN card of individual indulging in betting and gambling and making transaction cashless to regulate illegal activities such as money laundering. It also recommended amending laws regulating forex and India’s FDI policy to allow investments in casino and online gaming industry.
It suggests amending Foreign Exchange Management Act (FEMA), 1999 and rules made thereunder and also Foreign Direct Investment (FDI) Policy to encourage Foreign Direct Investment (FDI) in casino and online gaming industry, lawfully permitting technological collaborations, licensing and brand sharing agreements, etc.
FDI in casino and online gaming industry will bring substantial amounts of investment to those states that decide to permit casinos, propelling the growth of the tourism and hospitality industries, while also enabling such states to generate higher revenue and employment opportunities.
Law Commission of India (LCI)
The LCI is a non-statutory and non-constitutional body constituted by the Union Government from time to time. The first commission was constituted in 1955 and since then various commissions were re-constituted every three years. It is usually headed by a retired Supreme Court judge or former Chief Justice of a high court. The Secretary Department of Legal Affairs and Secretary, Legislature Department of Union Ministry of Law & Justice are ex-officio members of the Commission. So far, various Law Commissions have submitted 262 reports to make important contribution towards codification and progressive development of laws of the country.
The Law Commission of India (LCI) has recommended to declare Board of Control for Cricket in India (BCCI) as a public body. It also recommended BCCI and its all member cricket associations to be brought under Right to Information (RTI) law regime.
Recommendations of LCI
BCCI’s monopolistic activities, directly and indirectly, affect the fundamental rights of citizens, players, and other functionaries. Private citizen should be able to move highest court against BCCI for any violation of his fundamental rights.
BCCI has been flying under radar of public scrutiny and encouraged environment of opacity and non-accountability. It has created impression in minds of general public that corruption and other forms of malpractices are adversely affecting one of most popular sports played in India.
BCCI should be held accountable, under all circumstances, for any violations of basic human rights of stakeholders. BCCI exercises ‘state-like’ powers in the regulation of cricket, and thus, comes under the definition of ‘state’ under Article 12 of the Constitution.
How can BCCI as an entity permitted as de facto by state to represent country at the international stage. BCCI virtually acts as National Sports Federation (NSF) and Sports Ministry website should explicitly mention BCCI in list of NSFs. This will automatically bring it within the purview of the RTI Act.