Supreme Court of India
BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.versusCRICKET ASSOCIATION OF BIHAR & ORS.
- Citation
- 2018 INSC 686
- Decided
- 9 August 2018
- Disposal
- Directions issued
- Bench
- DIPAK MISRA
Holding
The Court approved the draft Constitution of the BCCI with the modifications, thereby confirming the Lodha Committee reforms on membership, selectors, term limits, cooling‑off period, Apex Council, and disqualifications.
Summary
The Supreme Court, hearing Civil Appeal No. 4235 of 2014, examined the draft Constitution of the Board of Control for Cricket in India (BCCI) prepared by the Committee of Administrators (CoA) to implement the Lodha Committee reforms. The Court considered submissions on membership categories, the inclusion of Maharashtra and Gujarat associations as full members, and the grant of full membership to Railways, Services and the Association of Indian Universities. It also addressed the number of selectors, increasing it from three to five with specific playing‑experience criteria, and affirmed a three‑year term for office‑bearers with a maximum aggregate tenure of nine years and a three‑year cooling‑off period after two consecutive terms. Further, the Court approved the structure of the Apex Council, professional‑management provisions, and detailed disqualification clauses, and directed registration of the Constitution under the Tamil Nadu Societies Registration Act, 1975. The draft Constitution, with the specified modifications, was approved, thereby finalising the Lodha reforms.
Issues considered
- Whether the three cricket associations in Maharashtra and Gujarat should be granted full BCCI membership despite the one‑state‑one‑vote principle
- Whether Railways, Services and the Association of Indian Universities should be granted full membership
- Whether the National Cricket Club and Cricket Club of India should remain associate members
- Whether the number of selectors should be increased from three to five and what eligibility criteria should apply
- Whether a three‑year term, nine‑year aggregate limit and a three‑year cooling‑off period for office‑bearers are constitutionally valid
- Structure and powers of the Apex Council and professional management provisions
- Scope of disqualification clauses for office‑bearers
- Procedure for amendment of the Constitution post‑approval
- Compliance with registration under the Tamil Nadu Societies Registration Act, 1975
Legislation cited
Subjects
cricket administrationBCCILodha Committee reformsdraft constitutionmembership categoriesone state one votefull membershipassociate membershipselection committeecooling off periodterm limitsapex councildisqualificationprofessional managementTamil Nadu Societies Registration Act
Judgment
526 [2018]REPORTS
SUPREME COURT 9 S.C.R. 526 [2018] 9 S.C.R.
A BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No. 4235 of 2014)
B AUGUST 09, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D. Y. CHANDRACHUD, JJ.]
Sports – Cricket – Reforms in the administration of – Draft
Constitution for Board of Control for Cricket in India (BCCI)–
C
Reforms in the administration of cricket proposed by a Committee
chaired by Justice Shri R. M. Lodha – Accepted by Supreme Court
in Board of Control for Cricket in India versus Cricket Association
of Bihar reported as [2015] 1 SCR 165 – A Committee of
Administrators (CoA) entrusted to prepare the draft Constitution –
D CoA filed draft Constitution for BCCI and its office bearers –
Suggestions to the draft received from various stakeholders – Held:
Three cricket associations each in the State of Maharashtra
(Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat,
Baroda and Saurashtra) have long and abiding history of
nurturing talent for cricket in India – Full membership in the
E
Constitution of the BCCI is restored to the aforesaid associations –
However, the decision not to grant the status of full members to the
National Cricket Club and the Cricket Club of India is maintained
– Contribution of Railway Sports Promotion Board (Railways) to
the cause of Indian Cricket is noteworthy – Amendment proposed
F by the amicus to the draft Constitution with regard to Railways is
accepted – Having regard to the pre-eminent position occupied by
the Services Sports Control Board including the Army, Navy and
Air Force in propagating the cause of cricket, the same principle
followed in the case of Railways to be followed in their case also –
Full membership is also granted to the Association of Indian
G
Universities – Number of selectors modified from three to five –
Term for all posts of office bearers in BCCI and in State
Associations shall be three years – There shall be a cooling off
period of three years after an individual has held the post of an
office bearer for two consecutive terms either in a State Association
H
526
BOARD OF CONTROL FOR CRICKET IN INDIA v. 527
CRICKET ASSOCIATION OF BIHAR
or in the BCCI or a combination of both – Further, Clause 15 (1) in A
regard to the Apex Council responsible for the administration of
the Board, approved – In regard to disqualifications, Clauses 29,
33(1), 33(2) and 45 of the draft Constitution proposed with
modifications, approved – Further directions issued.
Reforms in the administration of Cricket were proposed B
by a Committee chaired by Justice Shri R.M. Lodha. The reforms
were accepted by Supreme Court in its judgment dated 18th July,
2016 in Board of Control for Cricket in India versus Cricket
Association of Bihar reported as [2015] 1 SCR 165. Supreme
Court directed that a Committee of Administrators (CoA) shall
supervise the administration of Board of Control for Cricket in C
India (BCCI). The CoA was constituted. On 24 th July, 2017,
Supreme Court inter alia directed that recommendations of the
Lodha Committee be implemented. The CoA was entrusted to
prepare a draft Constitution in accordance with the judgment
rendered on 18th July, 2016 and the order dated 24th July, 2017. D
Suggestions received to the draft from various stakeholders were
filed by the CoA, together with comments on the proposed
suggestions, in status report dated 12 th January, 2018.
On 5 th July, 2018, Supreme Court reserved orders on the
question of finalizing the draft Constitution.
E
Issuing directions, the Court
HELD: A. Issues relating to membership and Associate
Membership: One State-One Vote
1.1 Rule (3)(a)(i) of the draft Constitution contemplates that
membership of BCCI shall consist of (i) Full members and; (ii) F
Associate members. Historically in the State of Maharashtra,
there have been three associations, each of which fields its own
cricket team in the Ranji Trophy: (i) Maharashtra; (ii) Mumbai
and; (iii) Vidarbha. Similarly, in the State of Gujarat, there have
been three associations representing: (i) Gujarat; (ii) Baroda; G
and (iii) Saurashtra. In both the States, these associations have
made a signal contribution to the cricketing history of the nation.
Besides, fielding teams for the Ranji Trophy, these associations
have produced players of national and international repute. It is
necessary to restore full membership in the constitution of the
H
528 SUPREME COURT REPORTS [2018] 9 S.C.R.
A BCCI to the three associations each in the State of Maharashtra
(Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat,
Baroda and Saurashtra). The associations of Baroda, Saurashtra,
Mumbai and Vidarbha have a long and abiding history of nurturing
talent for the game of cricket in India. The history of cricket in
India is replete with their contribution to the cause of cricket.
B
These associations have produced players who have brought
laurels to their States and to the nation. The principle of
territoriality requires that each of the States and Union Territories
should have full membership of BCCI in terms as suggested in
clause 3(a)(ii-B). This becomes a principle of inclusion. To utilise
C territoriality as a basis of exclusion is problematic because it
ignores history and the contributions made by the above
associations to the development of cricket and its popularity.
Having due regard to the contributions made by Mumbai and
Vidarbha in the State of Maharashtra and by Baroda and Saurashtra
in the State of Gujarat to the game of cricket, it would be
D
appropriate to also grant them full membership of the BCCI.
However, the decision not to grant the status of full members to
the National Cricket Club and the Cricket Club of India is
maintained. Neither of the two Clubs fields teams in the Ranji
Trophy. They cannot be placed at par with the other State
E Associations. [Paras 6, 9 and 10] [538-E-F; 541-G-H; 542-A-B,
G; 545-A-D]
Railways
1.2 The contribution of Railway Sports Promotion Board
(“Railways”) to the cause of Indian Cricket is noteworthy. The
F amendment proposed by the amicus to the draft consitution is
accepted. It is clarified specifically that the representative from
Railways who would exercise voting power must be a former
cricketer who has represented Indian Railways and who is elected
by an association of former players from the Indian Railways and
G not a person nominated by the government or the Railway Sports
Promotion Board. [Paras 11, 13 and 14] [545-D-E; 546-D, F-G]
Services and Association of Indian Universities
1.3 The Services Sports Control Board (“Services”) team
represents the Armed Forces of the nation. The Services have a
H long history of association with Indian sports in general and with
BOARD OF CONTROL FOR CRICKET IN INDIA v. 529
CRICKET ASSOCIATION OF BIHAR
cricket as well. Having regard to the pre-eminent position A
occupied by the Services including the Army, Navy and Air Force
in propagating the cause of sports and cricket, the same principle
which is followed in the case of Railways should be followed in
their case. Similarly, the Universities are a nucleus for
encouraging the game of cricket among players of the college
B
going generation in the country. Therefore, full membership to
the Association of Indian Universities is also granted. The
amendment which has been proposed to the draft Constitution
by the amicus in the case of the Railways shall be suitably modified
to also cover the Services and the Association of Indian
Universities. The representative respectively for Services and C
the Association of Indian Universities shall be a former cricketer
who has played for them respectively and is elected by an
association of former players and not a person nominated by the
government/ sports control board. [Para 16] [547-G-H;
548-A-C]
D
B. Number of Selectors
1.4 The Lodha Committee restricted the number of
selectors to three. The Selection Committee is entrusted with
the responsibility of selecting cricket teams for participation at
various levels. Restricting the number of selectors to three was E
recommended by the Lodha Committee with the specific purpose
of ensuring compactness of size, authority of decision making
and monitoring performance. While bearing these factors in
consideration, it is necessary to ensure that the purpose of a
broad-based Selection Committee which facilitates a careful
evaluation of the talent pool across the country is achieved. The F
vast territory of the nation, the extent of cricket being played
both at the national and international level, the need for selectors
to travel extensively to spot talent from the pool of cricketers
and the need to encourage both domestic and international
cricket, are considerations which persuades acceptance of the G
plea for modification in regard to the number of selectors to five.
The amicus has also supported the suggestion that the number
of selectors be increased to five. He however, also indicated that
this should be subject to the criteria of a selector having played a
minimum of (a) seven test matches; or (b) thirty first class
matches; or (c) ten One Day Internationals in the fifty over format H
530 SUPREME COURT REPORTS [2018] 9 S.C.R.
A and a minimum of twenty first class matches. Accordingly the
proposed amendment as suggested by the amicus is accepted.
Until the elections to the BCCI take place, the Committee of
Administrators (CoA) is empowered to consult with the Cricket
Advisory Committee, comprising of reputed former international
cricketers and to constitute a Committee of Selectors consistent
B
with the above criteria. In regard to the appointment of coaches,
managers, physiotherapists and other staff, the modification
suggested in clause 24(5) is accepted. [Paras 17, 18, 21, 22 and
23] [548-C, D; 550-A-D; 551-F-G]
C. Cooling Off Period
C
1.5 The requirements that the term of office of an office
bearer should be three years; and that an individual should not
hold office in the BCCI for a period excess of nine years
(regardless of the post held) with a similar stipulation of nine
years for the State Associations is manifestly in public interest.
D Both the stipulations are valuable safeguards to ensure against
the concentration of power. A cooling off period should be
observed. A cooling off period has several features which are of
utmost importance : (i) it is a safeguard against the development
of vested personal interests; (ii) it ensures against the
E concentration of power in a few hands; (iii) it facilitates a dispersal
of authority; and (iv) it encourages the generation of a wider body
of experienced administrators. Cooling off must be accepted as a
means to prevent a few individuals from regarding the
administration of cricket as a personal turf. The game will be
better off without cricketing oligopolies. It would be appropriate
F to direct that a cooling off period of three years would apply after
an individual holds two successive terms in office either in the
BCCI, or in any State Association or a combination of the two.
For instance, if an office bearer has held office for two consecutive
terms in any post in a State Association, such an individual must
G face a cooling off period of three years. Likewise, if an individual
has held any post as an office bearer of the BCCI for a total period
of six years in succession, the individual must have a cooling off
period of three years before seeking election again either to the
BCCI or to a State Association. The cooling off period would
apply also in a situation where an individual holds a post for one
H
BOARD OF CONTROL FOR CRICKET IN INDIA v. 531
CRICKET ASSOCIATION OF BIHAR
term in a State Association followed by a post in the BCCI A
successively or vice versa. This would ensure that after a period
of six years involving two consecutive terms, a cooling off period
would be attracted. Allowing an individual to act as an office bearer
for six years in continuation, is a sufficiently long period for
experience and knowledge gained to be deployed in the interest
B
of the game without at the same time resulting in a monopoly of
power. The above principle shall govern Clause 6(4) as well as
Clause 14(4) of the draft Constitution. The above principle will
ensure that the cooling off period will come into operation upon a
person holding any post for two consecutive terms not exceeding
six years. [Paras 29, 32 and 33] [554-F-G; 555-E-H; 556-A-B, C
D-E]
1.6 The position as approved in the present order shall be
to the following effect:
(i) The term for all posts of office bearers in BCCI and in
State Associations shall be three years; (ii) No person shall hold D
the position of an office bearer in any State Association, regardless
of post, for a period in excess of nine years in the aggregate; (iii)
No person shall hold the post of office bearer in BCCI, regardless
of post, for a period in excess of nine years in the aggregate; (iv)
There shall be a cooling off period of three years after an individual E
has held the post of an office bearer for two consecutive terms
either in a State Association or in the BCCI or a combination of
both; and (v) The expression ‘office bearer’ should not be
permitted to be circumvented by being a member of any other
committee or of the Governing Council in BCCI or any State
Association, as the case may be. [Para 34] [556-E-H; 557-A-B] F
D. Division of Functions, Professional Management and
Disqualifications
1.7 The Apex Council is entrusted with the function of
professional management through the Chief Executive Officer, G
the Chief Financial Officer and other officers who must be
recruited on a transparent and professional basis. Of the nine
members of the Apex Council, five (the President, Vice President,
Secretary, Joint Secretary, Treasurer and a member) are to be
elected by the General body. Clause 15 (1) in regard to the Apex
Council is approved. [Paras 35, 36] [557-B-C, F-H] H
532 SUPREME COURT REPORTS [2018] 9 S.C.R.
A E. Disqualifications
1.8 In regard to disqualifications, the clause in the draft
Constitution as proposed with the incidental modifications as
suggested by the amicus is accepted. Clauses 29, 33(1), 33(2),
and 45 of the draft Constitution with the modifications are
B approved. Once the draft Constitution has been approved by
Supreme Court, any amendment should not be given effect to
without the leave of Supreme Court. Having regard to the fact
that the draft Constitution submitted by the CoA on 27 October
2017 has now been approved by Supreme Court subject to the
aforesaid modifications, following directions are issued:
C
1. The Registrar of Societies under the Tamil Nadu Societies
Registration Act, 1975 shall upon the presentation of the
said Constitution by the CEO, register the documents
forthwith and report compliance by way of a report to the
Secretary General of Supreme Court within four weeks;
D
2. Upon the registration of the said Constitution of BCCI, each
of the members shall undertake registration of their
respective Constitutions on similar lines within a period of
30 days thereafter. A compliance certificate must be
furnished to the CoA, which shall file a status report before
E Supreme Court with reference to the compliance
undertaken by the State Associations; and
3. In the event that any State Association does not undertake
compliance with the abovesaid directions, the directions
contained in the orders of Supreme Court dated 7 October
F 2016 and 21 October 2016 shall revive. [Paras 37-40]
[558-B, F; 559-E-H; 560-A-B]
1.9 The CoA is at liberty to submit a further report for such
future directions as may be warranted and to secure compliance.
[Para 41] [560-C]
G
Board of Control for Cricket in India v Cricket
Association of Bihar (2015) 3 SCC 251 : [2015] 1 SCR
165 – referred to.
Case Law Reference
H [2015] 1 SCR 165 referred to Para 1
BOARD OF CONTROL FOR CRICKET IN INDIA v. 533
CRICKET ASSOCIATION OF BIHAR
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4235 A
of 2014.
From the Judgment and Order dated 30.07.2013 of the High
Court of Judicature at Bombay in PIL No. 55 of 2013
WITH
B
Civil Appeal Nos.4236 of 2014, Civil Appeal No.1155 of 2015,
Writ Petition (Civil) No.46 of 2017, Contempt Petition (Civil) No.47 of
2017 in Civil Appeal No. 4235 of 2014, Writ Petition (Civil) No. 287 of
2017, Contempt Petition (Civil) No. 959 of 2017 in Civil Appeal No.1155
of 2015, Contempt Petition (Civil) No. 1835 of 2017 in Civil Appeal
No. 4235 of 2014. C
Tushar Mehta, ASG, Gopal Subramanium(AC), Parag Tripathi,
Chandra Uday Singh, Ranjit Kumar, Gopal Jain, P. R. Raman, Ajit Kumar
Sinha, K.V. Viswanathan, Puneet Bali, P.R. Raman, Ravindra Srivastava,
Sanjeev Sen, Rana Mukherjee, S. Gurukrishna Kumar, Sr. Advs., Ankur
Kashyap, Vivek Raja, Ms. Gauri Rasgotra, Indranil Deshmukh, Adarsh D
Saxena, Raunak Dhillon, Vikash Kumar Jha, Rishi Gautam, Kunal Bahri,
Rishav Kapur, Siddhant Sharma (for M/s. Cyril Amarchand Mangaldas),
Senthil Jagadeesan, Amol Chitale,Nirnimesh Dube, Abhishek Singh,
Gagan Gupta, Rajat Sehgal, Vikas Mehta, Ms. Vandana Anand,
Chandrashekhar Verma, Mithun, Pai Amit, Venkita Subramoniam T. R., E
Rahat Bansal, Anish R. Shah, Ms. Pankhuri Bhardwaj, Nitesh Ranjan,
M. P. Vinod, Yadunandan Bansal, Reepak Kansal, Pratik R. Bombarde,
Rauf Rahim, K. K. Mohan, Ajay Veer Singh Jain, Mrs. Mamta Jain,
Uday Ram Bokadia, Rakesh Kumar Khare, Ms. Divya Garg, Sonal Jain,
Ranjith K.C., Abhilash K.N., V. K. Biju, Siddharth Garg, Snehasish
Mukherjee, R. Balasubramanian, Prabhas Bajaj, Ms. Aarti Sharma, F
Akshay Amritanshu, A.K. Sharma, M.K. Maroria, Gunjan Rishi, Aditya
Soni, Shree Pal Singh, Sarvesh Singh, Santosh Mishra, Santosh Kumar -
I, Ritesh Kumar Chowdhary, Ms. Rashmi Singh, Rameshwar Prasad
Goyal, Rajiv Nanda, Raghavendra S. Srivatsa, R. Chandrachud,
Ms. Nitin Thukral, Praveen Swarup, Mrs. Pragya Baghel, Mukesh
G
Kumar Maroria, Ms. Manju Sharma, Ragenth Basant, Ms. Liz Mathew,
Ashwin Shankar, Ms. Neela Gokhale, Ms. Kamakshi S. Mehlwal, K.K.
Mohan, Gaurav Sharma, Gagan Gupta, E.C. Agrawala, Rahul Mehta,
Ms. Neha Sangwan, Ms. Sanjana Nangia, Chirag M. Shroff, Azim H.
Laskar, Bikash Kar Gupta, Sachin Das, Chandra Bhushan Prasad,
Mrs. Bina Gupta, Balaji Srinivasan, Abhishek Bharti, Ms. Vaishnavi H
534 SUPREME COURT REPORTS [2018] 9 S.C.R.
A Subrahmanyam, Ms. Pratiksha Mishra, Ms. Pallavi Sengupta,
Ms. Garima Jain, Anshuman Ashok, Pai Amit, Anish R. Shah, A.S.
Bhasme, Ms. Sonia Mathur, S. Hariharan, Tarun Gupta, Nikhil Nayyar,
Ninad Laud, Jayant Mohan, Anjuman Tripathy, Aditya Pratap Swain,
Gajendra Singh Negi, Deeptakirti Verma, Rabin Majumder, Pragyan
Sharma, Shikhar Garg, Chandan Gosawmi, P.V. Yogeswaran, M.P.
B
Devanath, Aditya Verma, Tribikram Meelee, Vikas Singh Jangra,
Ms. Tamali Wad, Rahul Pratap, M. Yogesh Kanna, Ms. Sujatha Bagadhi,
M/s. Cyril Amarchand Mangaldas, Shreekant N. Terdal, Keshav Mohan,
Piyush Choudhary, Gaurav Kejriwal, Hrishikesh Baruah, Hement
Phalpher, Sudhir Mishra, Sridhar Potaraju, Ms. P. Chandhok, Prabhat
C Kumar, Ms. Ankita Sharma, Gaichangpou Gangmei, Ms. Aruna Mathur,
Avneesh Arputham, Ms. Anuradha Arputham, (for M/s. Arputham Aruna
& Co.), Advs. for the appearing parties.
The Judgment of the Court was delivered by
DR. D.Y. CHANDRACHUD, J. 1. While pronouncing its
D judgment on 18 July 2016 in Board of Control for Cricket in India v
Cricket Association of Bihar1, this Court accepted the reforms in the
administration of cricket proposed by a Committee chaired by Justice
RM Lodha2. The review petition has been dismissed. On 2 January 2017,
this Court directed that a Committee of Administrators3 shall supervise
the administration of BCCI through its Chief Executive Officer. The
E CoA was constituted on 17 January 2017. On 24 July 2017, this Court
directed that except for certain outstanding issues which were identified,
the recommendations of the Lodha Committee must be implemented:
“...(c) All concerned shall implement the recommendations of the
Justice Lodha Committee Report as far as practicable, barring
F the issues w hich have been raised pertaining to
membership, number of members of the selection
committee, concept of associate membership, etc. The
purpose is to implement the report as far as practicable
and, thereafter, it shall be debated as to how the scheme of things
can be considered so that the cricket, the ‘gentleman’s game’,
G
remains nearly perfect. Be it noted, the issue with regard to
disqualification or qualification of the representative is kept open.”
(Emphasis supplied)
1
(2015) 3 SCC 251
2
Abbreviated in this judgment as the Lodha Committee
H 3
Abbreviated as CoA
BOARD OF CONTROL FOR CRICKET IN INDIA v. 535
CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
On 23 August 2017, the CoA was entrusted to prepare a draft A
constitution in accordance with the judgment rendered on 18 July 2016
and the order dated 24 July 2017. Modalities were evolved by this Court
to consider the concerns of stakeholders by ensuring that the draft
constitution is duly circulated between all the counsel so that their
suggestions could be evaluated. This Court observed :
B
“we…direct the Committee of Administrators to prepare a
draft Constitution in terms of the main judgment as well as
the order dated 24th July, 2017. A copy of the draft Constitution
shall be handed over to Advocate-on-Record assisting the learned
counsel for the respondents. A copy of the draft Constitution be
also handed over to Mr. B.K. Prasad, learned counsel assisting C
Mr. Ranjit Kumar, learned Solicitor General . Suggestions, if any,
to the draft Constitution be handed over to the learned counsel
assisting the learned Amicus Curiae and Mr. Parag P. Tripathi so
that they can prepare a chart and will be in a position to give their
comments. D
On the next date of hearing, besides the three aspects that
have been mentioned in the order dated 24th July, 2017,
any aspect which is sought to be raised by the Association
can be raised. But, it is to be impressed that the suggestion
must have acceptable sanctity. It should not be raised for E
the sake of raising an objection.” (Emphasis supplied)
2. On 21 September 2017, the CoA made a grievance that quite
apart from the fact that no suggestions were received, a concerted
effort was made by the office bearers of BCCI not to abide by the
judgment of the Court. Hence, on 21 September 2017, the Court while F
recording the above submission extended another opportunity to receive
suggestions to the draft constitution :
“In the course of hearing, it is submitted by Mr. Parag P. Tripathi,
learned senior counsel appearing for the Committee of
Administrators that though a draft constitution was handed G
over to the office bearers of B.C.C.I. and also to all
concerned, no suggestion has been received and a concerted
attempt has been adopted by the office bearers of B.C.C.I.
not to follow the judgment of this Court.
H
536 SUPREME COURT REPORTS [2018] 9 S.C.R.
A We may hasten to add that in our previous order dated 24th July,
2017, we have clearly indicated that three to four aspects
shall be debated. The suggestions in that regard can be given to
Mr. Parag P. Tripathi, learned senior counsel appearing for the
Committee of Administrators, Needless to emphasize, Mr. C.K.
Khanna, Mr. Anirudh Chaudhry and Mr. Amitabh Choudhary,
B
Office Bearers of B.C.C.I. shall fully cooperate while giving the
suggestions. If the aforesaid three Office Bearers do not give
suggestions in accordance with the judgment of this Court which
has accepted the Justice Lodha Committee report, they shall face
serious consequences. The draft constitution shall include the
C suggestions given by Justice Lodha Committee in its
entirety so that a holistic document comes before this Court.
After the document is placed before the Court, the claims of
Railways. Universities and Services and the other cricket
Associations, who are of the view that concept of ‘one State one
vote’ should not be applicable keeping in view their contribution to
D
the game of cricket, shall be considered. The suggestions, shall
be given within three weeks hence. For the purpose of drafting
out the constitution after taking note of the suggestions, to make it
final for the purpose of approval by this Court, the Office Bearers
of B.C.C.I shall not hold a General Body Meeting.”
E (Emphasis supplied)
3. On 27 October 2017, the CoA filed a draft constitution for
BCCI and its office bearers. Suggestions to the draft received from
state cricket associations and other parties were filed by the CoA
together with comments on the proposed suggestions, in a status report
F dated 12 January 2018. On 1 May 2018, this Court noted that
suggestions to the draft constitution have been filed and would be
finalized by the Court. In the interest of fairness, it was however
observed that any further suggestions that a state cricket association
may have, could still be forwarded to the amicus. Accordingly, the
following directions were issued :
G
“A draft Constitution meant for the B.C.C.I. and its Office Bearers
has been filed on 27.10.2017. Suggestions to the same by various
State Cricket Associations have also been filed and the same have
been attached to the draft Constitution. The draft Constitution
shall be finalized by this Court.
H
BOARD OF CONTROL FOR CRICKET IN INDIA v. 537
CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
In the meantime, if any State Cricket Association intends A
to file any further suggestion, they may submit the same in
bullet points to Mr. Gopal Subramanium, learned Amicus
Curiae, who shall compile the suggestions and file it before
this Court within three days.
It is hereby made clear that the draft Constitution approved B
by this Court shall not be debated upon and shall stand
finalized, only subject to the determination made in the
application(s) for recall of the primary judgment, pending
adjudication before this Court.
Let the matter be listed on 11.5.2018.” (Emphasis supplied) C
4. Following this comprehensive exercise which has been taken
by the CoA, the amicus and by all the learned Counsel appearing on
behalf of diverse parties, including state cricket associations and those
who have served as office bearers of BCCI, the suggestions made by
all stakeholders have been compiled and presented to the Court. The
amicus has, in the course of compiling the suggestions, informed the D
Court that as many as nineteen state cricket associations, the
Association of Indian Universities, the Cricket Club of India and
National Cricket Club, the Administrator appointed by the Delhi High
Court for DDCA and two officer bearers of BCCI (Mr Amitabh
Choudhary, Secretary and Mr Anirudh Chaudhary, Treasurer) have E
submitted suggestions. We have heard all the stakeholders who wished
to be heard at length so as to enable the Court to form a holistic
perspective. The purpose of this exercise is to finalise the text of BCCI’s
Constitution which incorporates the principles which find acceptance by
the Lodha Committee (and affirmed by this Court), while at the same
time ensuring a measure of practicality in implementation. The F
acrimony which witnessed the proceedings earlier has given way to a
robust cooperation by the counsel appearing for all the stakeholders.
Before we deal with the suggestions, we must commend the approach
adopted by all the stakeholders before this Court. All the learned
Counsel who advanced submissions made a fair attempt to resolve the G
outstanding issue of finalizing the draft constitution, with a sense of
objectivity. It was after hearing extensive arguments of all the learned
Counsel that on 5 July 2018, this Court reserved orders on the question
of finalizing the draft constitution having due regard to the contents of
the draft placed on the record and the suggestions of the learned amicus
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538 SUPREME COURT REPORTS [2018] 9 S.C.R.
A 5. Broadly speaking, the suggestions which have been received
to the draft constitution have been divided by Mr Gopal Subramanium,
learned amicus Curiae under the following heads :
a) Issues relating to membership and Associate Membership;
a) Number of members in Selection Committee and related
B matters;
b) Cooling off period;
c) Disqualifications;
d) Constitution of the Apex council;
C
e) Conditions imposed on State Associations;
f) Power/Duties of Office Bearers and Professional Management
(CEO);
g) No interference at all in the functioning of BCCI; and
D h) Binding value of Frequently Asked Questions issued by the
Hon’ble Justice Lodha committee.
We propose to examine the issues which have been raised during
the course of hearing.
E A. Issues relating to membership and Associate
Membership: One State – One Vote
6. Rule (3)(a)(i) of the draft constitution contemplates that
membership of BCCI shall consist of (i) Full members and; (ii) Associate
members. The text of the draft constitution provides thus :
F “(ii) Full Members
A. Each State shall be represented by a state cricket association
duly recognized by the BCCI and such associations shall be
Full Members. No State shall have more than one Full Member
at any given point of time.
G B. The associations who are the controlling bodies for cricket in
the following States shall be the Full Members of the BCCI:
1. Andhra Pradesh
2. Arunachal Pradesh
3. Assam
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4. Bihar A
5. Chhattisgarh
6. Delhi
7. Goa
8. Gujarat
9. Haryana B
10. Himachal Pradesh
11. Jammu and Kashmir
12. Jharkhand
13. Karnataka
14. Kerala C
15. Madhya Pradesh
16. Maharashtra
17. Manipur
18. Meghalaya
19. Mizoram D
20. Nagaland
21. Orissa
22. Punjab
23. Rajasthan
24. Sikkim E
25. Tamil Nadu
26. Telangana
27. Tripura
28. Uttar Pradesh
29. Uttarakhand
F
30. West Bengal
C. In States with multiple Existing Members, the full membership
shall rotate annually among such Existing Members such that
only one of them will exercise the rights and privileges of a
Full Member at any given point of time. The rotation shall be G
as per the policy framed by the BCCI.
D. Where disputes are pending regarding the duly recognized
association to represent a particular State, the State shall be
represented by the recognized association, subject to any order
of the Court or resolution of the BCCI as the case may be.
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540 SUPREME COURT REPORTS [2018] 9 S.C.R.
A (iii) Associate Members
A. Any Existing Member (including an Existing Member who is
not exercising the rights and priileges of a Full Member in
terms of Rule 3(1)(ii)C above) shall be an Associate Member
of the BCCI.
B B. The BCCI may induct any other entity as an Associate
Member, subject to all the conditions and disqualifications laid
down in Rule 33(b)(b) below.”
7. In Chapter 1 of its report titled “The Structure and
Constitution”, the Lodha Committee dealt with membership of BCCI
C and anomalies perceived in its composition. The Committee took note of
the fact that several states such as Bihar, Chhattisgarh, Uttarakhand,
the six north-eastern states (except Tripura) and Union Territories (except
Delhi) lack representation on the Board. On the other hand, the Committee
perceived an anomaly in that states like Maharashtra and Gujarat hold
D three full memberships each. The Committee noted that the Services
Sports Control Board (“Services”), Railway Sports Promotion Board
(“Railways”) and Association of Indian Universities (“Universities”)
do not as such represent any specified territory but are actively involved
in the game of cricket whereas some members like the National Cricket
Club at Kolkata and the Cricket Club of India at Mumbai do not represent
E any territory. The Lodha Committee relied upon territoriality as a
determining factor for the grant of full membership. Railways, Services
and Universities not being tied to the territory of one state were denied
full membership. Though Gujarat fielded three cricket teams (Gujarat,
Saurashtra and Baroda) and so did Maharashtra (Mumbai, Maharashtra
F and Vidarbha) both states would each have one Full membership. The
Lodha Committee recommended that the status of associate member
should be granted to those members who do not represent any territory.
8. In the principal judgment of this Court dated 18 July 2016, the
one state - one vote norm was accepted. While doing so this Court
G observed thus :
“62. That brings us to the question whether “One State One
vote” recommended by the Committee suffers from any
legal or other infirmity sufficient for this Court to reject
the same. The recommendation made by the Committee has a
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two-fold impact on the current state of affairs in BCCI. The first A
is the reduction of some of the Associations and Clubs from the
full membership of BCCI to the status of Associate Members.
The other aspect of the recommendation is the reduction of the
full membership of at least four existing full members to the status
of associate members from the states of Maharashtra and Gujarat.
B
63…We see no merit in that contention nor do we see any reason
to disagree with the recommendation made by the committee,
who has upon a thorough consideration of all facts and
circumstances relevant to the working of the BCCI, recommended
the conversion of the clubs and associations without a territory
from full members to associate members. This is a measure C
which has been recommended with a view to structurally
streamlining the BCCI to make it more responsive and
accountable having regard to the aspiration of different
regions for an equal opportunity to participate in the growth
and promotion of the game in the country. D
65…a balance has to be struck with historical reality and the need
for adopting a pragmatic, uniform and principled approach aimed
at reforming and rationalizing BCCI’s structural edifice. The
recommendation made by the Committee to the extent it provides
for one vote for each state is unexceptionable nor should there be E
any compromise with what is proposed as a reformative measure.
Even so the question is whether BCCI, in the peculiar situation
prevalent in these two states, is in a position to recognize one of
the three Associations representing different territories in those
two States as the one that would represent the entire State.....That
being so, the only reasonable and rational answer to the F
problem within the broad principle of One State One Vote
would be to allow the full membership of BCCI to rotate
among the three clubs on an annual basis.”
(Emphasis supplied)
9. The one state – one vote norm and the principle of territoriality G
have given rise to specific objections. Historically in the State of
Maharashtra, there have been three associations, each of which fields
its own cricket team in the Ranji Trophy : (i) Maharashtra; (ii) Mumbai
and; (iii) Vidarbha. Similarly, in the State of Gujarat, there have been
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542 SUPREME COURT REPORTS [2018] 9 S.C.R.
A three associations representing: (i) Gujarat; (ii) Baroda; and (iii)
Saurashtra. In both the states, these associations have made a signal
contribution to the cricketing history of the nation. Besides, fielding teams
for the Ranji Trophy, these associations have produced players of national
and international repute. The amicus has responded to the plea before
this Court for allowing full membership to the three associations each in
B
the States of Maharashtra and Gujarat. The amicus submits that the
order of this Court mandates that there should be an annual rotation of
the constituent members of Maharashtra and Gujarat so that every year,
one of the three constituent members would be capable of voting and
participating in the general body. Moreover, it has been submitted that
C for the elections to the Apex Council which take place once every three
years, the first member association which has already cast a vote should
not be able to cast a vote at the end of three years but must pass it on to
the next association in turn. In this manner, it has been suggested that all
the three constituent associates of the two states will have due opportunity
to not only participate in the affairs of the general body but would have
D
an opportunity to vote at the end of three years. In the view of the
amicus, a rotational policy is eminently practicable for Maharashtra and
Gujarat and the mandate of the principal judgment brings about parity
and fairness so that no constituent member is excluded from the general
body for a period exceeding one year. However, it has not been explained
E how, once full membership has been granted, what legal principle can be
applied for adopting a rotational policy. The amicus while recognising
the circumstances of history pertaining to Maharashtra and Gujarat
submits that the recommendations of the Lodha Committee which have
been accepted in the principal judgment seek to bring about uniformity in
the structure of management and a certain amount of domestic equality.
F
However, he suggests that the releasing of grants and such other
requirements as may be necessary for constituents must be suitably
addressed by the CoA and by the regularly elected Apex Council.
10. We are of the view that it is necessary to restore full
membership in the constitution of the BCCI to the three associations
G each in the State of Maharashtra (Maharashtra, Mumbai and Vidarbha)
and in Gujarat (Gujarat, Baroda and Saurashtra). During the course of
the hearing, written submissions have been placed on the record in which
the contributions of Baroda, Saurashtra, Mumbai and Vidarbha have
been set out. We need to extract them here:
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“BARODA CRICKET ASSOCIATION A
Cricket was introduced to Vadodara city by the Maharaja of
Baroda, Sayajirao Gaekwad in 1934 and Moti Bagh Stadium was
the home of Baroda cricket. Since then Baroda has emerged 5
times as Ranji Trophy Champrions in the year 1942-43, 1946-47,
1949-50, 1957-58 & 2000-01. B
Baroda had produced many famous cricketers of international
level in the past such as Vijay Hazare, Gogumal Kishenchand,
Jayasinghrao Ghorpade, Deepak Shodhan and in the present
generation Datta Gaekwad, Chandu Borde, Kiran More,
Anshuman Gaekwad … Jitendra Patel. Amongst the later crop, C
Irfan Pathan, Yusuf Pathan, Zaheer Khan and Munaf Patel have
played for this association.”
“MUMBAI CRICKET ASSOCIATION
In the year 1928, ‘the Bombay Presidency (Proper) Cricket D
Association’ was formed having geographical limits extending from
Sind in the north to Karnataka (excluding Mysore State) in the
South. In the year 1935 it was re-christened as ‘Bombay Cricket
Association’ as the newly formed Gujarat and Maharashtra
Cricket Association receded from the territorial limits of the
Bombay Presidency (Proper) Cricket Association. The present E
day Mumbai Cricket Association or MCA is the governing body
for cricket in Mumbai and its surrounding regions like Thane and
Navi Mumbai. The Mumbai cricket team is the team for The
Mumbai Cricket Association in the Ranji Trophy. The team has
won over 41 titles, the most recent being in 2015-16. It has also F
come runner-up in the final of the Ranji Trophy a total of 4 times.
The association owns the Wankhede Stadium.
Famous cricketers produced by MCA, amongst others, include
Abey Kuruvilla, Ajinkya Rahane, Ajit Wadekar, Ashok Mankad,
Chandu Borde, Dilip Sardesai, Dilip Vengsarkar, Eknath Solkar, G
Farokh Engineer, Jatin Paranjpe, Polly Umrigar, Ravi Shastri, Rohit
Sharma, Rustomji Jamshedji, Rusi Modi, Sachin Tendulkar,
Sandeep Patil, Sanjay Manjrekar, Sunil Gavaskar, Vijay Manjrekar,
Vijay Merchant, Vinod Kambli, Wasim Jaffer etc.”
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544 SUPREME COURT REPORTS [2018] 9 S.C.R.
A “SUARASHTRA CRICKET ASSOCIATION
Saurashtra is one of three cricket teams based in Gujarat which
competes in the Ranji Trophy (the others being Baroda and
Gujarat). Formerly it was known as Nawanagar Cricket Team.
Nawanagar was an Indian princely state in the historical Halar
B region, located on the southern shores of the Gulf of Kutch.
Ranjitsinhji often known as ‘Ranji’, was the ruler of the Indian
princely state of Nawanagar from 1907 to 1933, as Maharaja
Jam Saheb, and a noted Test cricketer who played for the English
cricket team. He also played first-class cricket for Cambridge
University, and county cricket for Sussex.
C
Ranji has widely been regarded as one of the greatest batsmen of
all time. In 1934 the BCCI launched a national competition between
“the princes and the princely states” and it was named after the
greatest Indian player of that time, KS Ranjitsinhji.
D Saurashtra won the Ranji Trophy in 1936-37 and were also runners
up in the very next season of 1937-38. They have been runners
up in Ranji Trophy (plate) in 1937-38, 2012-13 and 2015-16.
Famous International players are Cheteshwar Pujara, Ravindra
Jadeja &Jaydev Unadkat.”
E “VIDARBHA CRICKET ASSOCIATION
Vidarbha Cricket Association is the governing body of cricket
activities in the Vidarbha region in Maharashtra state and Vidarbha
cricket team. Vidarbha first played first-class cricket in the 1957-
58 season, competing against the other Central Zone teams until
F 2001-2002, after which the Ranji Trophy was no longer contested
on a zonal basis. Vidarbha’s best seasons were 1970-71 and 1995-
96, when it reached the quarter-finals of the Ranji Trophy and
2002-03 and 2011-12, when it reached the semi-finals of the Plate
Group, Vidarbha has played more than 250 first-class matches.
G Umesh Yadav is a member of the Vidarbha Cricket Team.
Vidarbha won the Ranji Trophy and Irani Trophy in the 2017-
2018 season.”
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These associations have a long and abiding history of nurturing A
talent for the game of cricket in India. The history of cricket in India is
replete with their contribution to the cause of cricket. These associations
have produced players who have brought laurels to their states and to
the nation. The principle of territoriality requires that each of the States
and Union Territories should have full membership of BCCI in terms as
B
suggested in clause 3(a)(ii-B). This becomes a principle of inclusion. To
utilise territoriality as a basis of exclusion is problematic because it ignores
history and the contributions made by the above associations to the
development of cricket and its popularity. Having due regard to the
contributions made by Mumbai and Vidarbha in the State of Maharashtra
and by Baroda and Saurashtra in the State of Gujarat to the game of C
cricket, it would be appropriate to also grant them full membership of
the BCCI. We however, maintain the decision not to grant the status of
full members to the National Cricket Club and the Cricket Club of India.
Neither of the two Clubs fields teams in the Ranji Trophy. They cannot
be placed at par with the other state associations.
D
Railways
11. The contribution of Railways to the cause of Indian Cricket is
noteworthy. It has been pointed out before the Court that :
“RAILWAYS SPORTS PROMOTION BOARD
E
Railways Sports Promotion Board (RSPB) is a sports board run
by the Indian Railways. It promotes 29 sporting disciplines and
owns the Karnail Singh Stadium in New Delhi.
RSPB is a member of the Board of Control for Cricket in India
and RSPB fields the Railways’ cricket team in domestic cricket F
competitions in India such as the Ranji Trophy. In recent years
since 2000, Railways have won the trophy twice and become
runners-up as well. As Champions of the Ranji Trophy, they have
played the Irani Trophy twice, emerging victorious on both
occasions.
G
Famous International Cricketers include Mahendra Singh Dhoni
(played for South Eastern Railways & was employed as a Train
Ticket Examiner), Murli Kartik, Sanjay Bangar, Karn Sharma. In
the recently concluded ICC Women’s World Cup 2017, the Indian
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546 SUPREME COURT REPORTS [2018] 9 S.C.R.
A Women’s Team reached the finals of the tournament where 10
out of the 15 women cricketers playing for India are employees
of the Indian Railways. In factDiana FramEdulji(one of the
members of the COA) has also represented the Railways.”
12. In suggesting the grant of full membership to the Railways,
B the amicus has made certain pertinent comments which are reproduced
below :
“Railways fields at least 90% of the members of the Women’s
Cricket Team, i.e. who play for India in the national team. A
question therefore arises whether Railways must be given a full
C membership. In view of the security of employment of the players
from Railways as well as the ability to demonstrate playing skills
and having regard to women’s cricket as an integral part of Indian
Cricket, it appears necessary to consider this as an exception. It
is only on these considerations that it is possible to recommend
Railways to a full membership. The Amicus is of the opinion that
D this qualifies to be considered as an exception.”
13. The amendment proposed to the draft constitution is in the
following terms :
“E. Notwithstanding anything contained hereinabove in this Rule
E 3(a)(ii), a representative from the Indian Railways shall be entitled
to vote at meetings of the General Body of the BCCI. However,
such representative shall be a former cricketer from the Indian
Railways who is elected by an association of former players from
the Indian Railways and not a person nominated by the
Government/Railway Sports Promotion Board.”
F
14. We accept the amendment proposed by the amicus. We clarify
specifically that the representative from Railways who would exercise
voting power must be a former cricketer who has represented Indian
Railways and who is elected by an association of former players from
the Indian Railways and not a person nominated by the government or
G the Railway Sports Promotion Board.
Services and Association of Indian Universities
15. The amicus has not suggested the grant of full membership to
Services and the Association of Indian Universities. For Services, he
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submits that sufficient material is not available and that having regard to A
the need for insulation from government control, ‘as at present advised’,
it is not possible to recommend the grant of a full membership status. As
regards the Association of Indian Universities, it has been submitted that
since they do not field a team for the Ranji Trophy, full membership
status should not be granted.
B
On the contribution by the Services team to the cause of Indian
cricket, we take note of the following :
“SERVICE SPORTS CONTROL BOARD
The aim of the Service Sports Control (SSCB) is to conduct inter-
services sports championships to select and to train services sports C
persons. The board initially was known as the Army Sports Control
Board and was established in 1919. Post-independence, it was
rechristened as Service Sports Control Board and all the three
services are running the organization on a rotational basis. The
Services cricket team plays in the Ranji Trophy, the premier D
domestic first-class cricket competition in India. Under the auspices
of the SSCB, the players represent the Indian armed services.
They first played in the Ranji Trophy in 1949-50. They have played
about 320 matches in the Ranji Trophy.”
Similarly as regards the Association of Indian Universities, we E
may note that :
“ALL INDIA UNIVERSITIES
Many Indian Universities players went on to play Test cricket.
From the first side in 1949-50, for example, Nana Joshi, Pankaj
F
Roy, Polly Umrigar, GulabraiRamchand, Deepak Shodhan and
Subhash Gupte played Tests for India. Three of the 1970-71 side
Ashok Gandotra, Mohinder Amarnath and BudhiKunderan played
Test cricket. Thereafter Sunil Gavaskar, Kenia Jayantilal, Surinder
Amarnath and Dilip Doshi also played Test cricket.”
16. The Services team represents the Armed Forces of the nation. G
The Services have a long history of association with Indian sports in
general and with cricket as well. Having regard to the pre-eminent
position occupied by the Services including the Army, Navy and Air
Force in propagating the cause of sports and cricket, we are of the view
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548 SUPREME COURT REPORTS [2018] 9 S.C.R.
A that the same principle which we have followed in the case of Railways
should be followed in their case. Similarly, the Universities are a nucleus
for encouraging the game of cricket among players of the college going
generation in the country. We would therefore also grant full membership
to the Association of Indian Universities. The amendment which has
been proposed to the draft constitution by the amicus in the case of the
B
Railways shall be suitably modified to also cover the Services and the
Association of Indian Universities. The representative respectively for
Services and the Association of Indian Universities shall be a former
cricketer who has played for them respectively and is elected by an
association of former players and not a person nominated by the
C government/ sports control board.
B. Number of Selectors
17. The Lodha Committee restricted the number of selectors to
three. While doing so, it opined that with the constitution of a Cricket
Talent Committee, a three-member selection committee will be more
D compact, increase the authority of the Selection Committee and make it
accountable for team performance.
18. The Selection Committee is entrusted with the responsibility
of selecting cricket teams for participation at various levels. For the
men’s teams, there are two committees which look after the selection of
E teams for tournaments in various formats of the game. These are:
“ I All India Senior Selection Committee:
International matches – Test Matches, ODI Matches and T20
matches
F India ‘A’ teams – both for home and away series
President’s XI / BCCI XI to play visiting international teams
II All India Junior Selection Committee:
Under-23 cricket
G Under-19 cricket
Under-16 cricket”
19. With twenty-eight teams, India is reported to have the highest
number of first class teams in the world. Senior selectors watch over
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several tournaments during the course of the domestic cricketing season, A
from August to April every year. These are :
“1.Ranji Trophy league matches
2. Ranji Trophy knock out matches
3. Vijay Hazare League matches B
4. Vijay Hazare knock out matches
5. Mustaq Ali league matches
6. Mustaq Ali Knock out matches
7. Irani Trophy C
8. Duleep Trophy
9. Deodhar Trophy.”
20. Apart from domestic cricket, senior selectors also witness
India-A team matches and matches across different formats at home D
and overseas. National teams are required to be selected across different
formats in accordance with the ICC schedule. Senior selectors are also
part of the team management that selects the ‘playing eleven’ of the
Indian team on the day prior to a match. On an average, it has been
stated, a senior selector travels for nearly 280 days in a year, with a
break during the IPL. Having regard to the vastness of the country and E
the need to effectively select from a wide pool of talent, it has been
submitted that restricting the Selection Committee to three persons is
not in the interest of the game and that a five-member selection team
would be necessary. Another aspect which has been highlighted is that
generally, a fifteen-member squad is chosen to represent India at the F
international level in Test matches, ODIs and T20 matches. About 40
per cent of the players participate in all the formats. Many cricketers
who have had the best of records in domestic cricket are unable to
represent the country in international matches. It has been submitted
before the Court that it is necessary to motivate cricketers at the domestic
level. Hence, cricketers who have not represented India in international G
matches should not be excluded altogether from being part of the
Selection Committee.
21. We have been persuaded with the reasons which have been
adduced before the Court for enhancing the number of selectors on the
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550 SUPREME COURT REPORTS [2018] 9 S.C.R.
A Selection Committee from three to five. Restricting the number of
selectors to three was recommended by the Lodha Committee with the
specific purpose of ensuring compactness of size, authority of decision
making and monitoring performance. While bearing these factors in
consideration, it is necessary to ensure that the purpose of a broad-
based Selection Committee which facilitates a careful evaluation of the
B
talent pool across the country is achieved. The vast territory of the nation,
the extent of cricket being played both at the national and international
level, the need for selectors to travel extensively to spot talent from the
pool of cricketers and the need to encourage both domestic and
international cricket, are consideration which persuade us to accept the
C plea for modification in regard to the number of selectors to five.
22. We may note that the amicus has also supported the suggestion
that the number of selectors be increased to five. He however also
indicated that this should be subject to the criteria of a selector having
played a minimum of (a) seven test matches; or (b) thirty first class
D matches; or (c) ten One Day Internationals in the fifty over format and
a minimum of twenty first class matches. We accordingly accept the
proposed amendment as suggested by the amicus in the following
terms :
“Clause 26(2)A(i)
E “The Men’s Selection Committee shall select the Senior National
Team for representation in Tests, One Day Internationals. T20
and any other format. This Committee shall also be responsible
for providing evaluation reports of the respective team
performances to the Apex Council on a quarterly basis.”
F “Clause 26(2)A(ii)
The Men’s Selection Committee shall consist of five persons to
be appointed by a Cricket Advisory Committee comprising of
reputed former international cricketers identified by the BCCI at
the annual General Meeting, subject to the following criteria:
G
(a) Every member of the Men’s Selection Committee should
have played a minimum of
(i) Seven Test Matches; or
(ii) Thirty First class Matches; or
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(iii) Ten One Day International Matches and twenty First A
Class Matches.
(b) Every member of the Men’s Selection Committee should have
retired from the game at least five years previously.
The senior most among the members of the Men’s Selection
Committee shall be appointed as the Chairperson.” B
“Clause 26 (2) B (i)
The Junior Cricket Committee shall consist of fivepersons to be
appointed by the BCCI at the Annual General Meeting, on such
terms and conditions as may be decided by the Apex Council C
from time to time. Only former players who have played a minimum
of 25 First Class games shall be eligible to be appointed to this
Committee, provided that they have retired from the game at least
five years previously. The senior most amongst the members of
the Committee shall be appointed as the Chairperson.”
D
“Clause 26 (2) C (ii)
The Women’s Selection Committee shall consist of five persons
to be appointed by the BCCI at the Annual General Meeting, on
such terms and conditions as may be decided by the Apex council
from time to time. Only former players who have represented the
E
Women’s National Team shall be eligible to be appointed to this
Committee, provided that they have retired from the game at least
five years previously. The senior most international amongst the
members of the Committee shall be appointed as the Chairperson.”
23. Until the elections to the BCCI take place, the CoA is
F
empowered to consult with the Cricket Advisory Committee, comprising
of reputed former international cricketers and to constitute a Committee
of Selectors consistent with the above criteria. In regard to the
appointment of coaches, managers, physiotherapists and other staff, we
accept the modification suggested in clause 24(5) in the following
terms : G
“Clause 24 (5)
To appoint Team Officials for the Indian teams which shall
compulsorily include qualified coaches, managers, physiotherapists,
nutritionists, trainers, analysts, counsellors and medics. However,
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552 SUPREME COURT REPORTS [2018] 9 S.C.R.
A the Head Coach of each of the National Teams shall be appointed
by the Cricket Advisory Committee referred to in Rule 26(2)A(ii)
below.”
C. Cooling Off Period
24. The Lodha Committee recommended that
B
(i) the tenure of each term for office bearers of the BCCI and
state associations should be three years;
(ii) a maximum of three terms should be allowed regardless of
the post held; and
C (iii) there should be a mandatory ‘cooling off period’ after each
term.
In making these recommendations, the Committee has been guided
by the need to ensure that vested interests do not emerge out of the
indefinite continuation in office of one or more individuals. These
D recommendations seek to enforce a rule against self-perpetuation by
stipulating the period of each term of office, the number of terms which
a single individual may hold and the requirement of a break between
successive terms. The recommendations can be construed as an effort
to ensure a dispersal of authority so that control over BCCI and the
state associations is not concentrated in the hands of one or a limited
E
group of persons. The proposals for setting limits on tenures and terms
were incorporated in a section which the Committee describes as the
“end of the innings”.
25. In the principal judgment of this Court, the recommendations
of the Lodha Committee have been accepted for the following reasons:
F
“20…These recommendations come in the wake of a finding by
the Committee that under the present dispensation office bearers
could continue for any number of terms.The Committee found
both of these to be unacceptable and in our opinion rightly so....
Given the problems that often arise on account of the individuals
G holding the office for any number of consecutive terms, the
Committee was, in our opinion, justified in recommending the length
of a term in office ... The three years recommended by the
Committee is, in our opinion, reasonable. Similarly, the prescription
of cooling off period between two terms cannot be faulted ....
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CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
Similarly, an optimum period of 9 years as a member of the Apex A
Council cannot be termed as unreasonable.....” (Emphasis
supplied).
26. The recommendations of the Lodha Committee, as adopted
by this Court, have been clarified in two orders dated 20 January 2017
and 24 March 2017. The clarification by this Court is that when an B
office bearer who completes nine years in any post in the BCCI is
disqualified to become an office bearer of the BCCI again. A similar
disqualification attaches to a person who has held any post of an office
bearer, in a state association for nine years. For the sake of clarity, what
is indicated in the order dated 24 March 2017 reads thus :
C
“21…What has been meant by the clarificatory order is that, if an
office bearer has completed nine years in any post in the B.C.C.I.,
he shall stand disqualified to become an office bearer of the
B.C.C.I. Similarly, if a person holds the post of office bearer in
any capacity for any State Association for nine years, he shall
stand disqualified for contesting or holding any post or office of D
the State Association. To avoid any kind of maze, we proceed to
state by giving an example. If a person has held the post of office
bearer in respect of a State Association for a period of nine years,
he will not be disqualified to contest for the post of office bearer
of the B.C.C.I.” E
(Emphasis supplied)
27. A considerable amount of fire has been directed against the
provision for a cooling off period. Essentially, the cooling off period
stipulates that an office bearer is not eligible to contest a succeeding
election. The recommendation has been criticised on the ground that an F
individual who has acquired experience in working in a particular post
for three years is unable to utilise the experience gained (as a result of a
cooling off period of three years) which would be a loss to the game of
cricket. “Continuity of service”, it has been submitted, subserves the
interest of the game and a person who has “enriched himself” over a G
period of three years should be allowed to contribute even thereafter
without a break. This, it has been submitted, would enable office bearers
to develop their networks with other cricketing nations and the ICC.
Moreover, since an upper age limit of seventy years is in place, it has
been submitted that the requirement of a cooling off period may be
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554 SUPREME COURT REPORTS [2018] 9 S.C.R.
A dispensed with. The nature of cricket, it has been urged, is rapidly evolving
and an endeavour must be made to ensure that individuals with requisite
experience are able to contribute to the game.
28. While dealing with the objections to a cooling off period, it is
necessary at the outset to emphasise that the term of an office bearer
B cannot be regarded either as an opportunity “to enrich himself” or as a
matter involving “continuity of service”. The expression “enriched
himself” may have a legitimate connotation if it adverts only to experience
gained. Otherwise, enrichment in the form of personal aggrandisement
is precisely what was frowned upon by the Lodha Committee, and for
justifiable reasons. The position of an office bearer in the state associations
C
and in the BCCI is not a matter of ‘service’ in the conventional sense.
Office bearers should not construe their position as employees with a
vested right to a particular tenure of service. Undoubtedly, the submission
that individuals must continue for a period which enables them to develop
experience in the administration of the game cannot be discounted.
D Equally, it is a matter of concern that vested interests and conflicts of
interest develop around power centres which have unbridled authority.
Dispersal of authority is a necessary safeguard to ensure against the
perpetuation of power centres. Individuals who administer the game of
cricket must realise that the game is perched far above their personal
interests. Important as experience in administration is, it is far-fetched
E
to assume – and far more difficult for the court to accept – that experience
rests on the shoulders of a closed group of a few individuals. In fact,
opportunities to a wide body of talent encourage a dispersal of experience
and democratisation of authority.
F 29. Understood from the above perspective, the requirements that
the term of office of an office bearer should be three years; and that an
individual should not hold office in the BCCI for a period excess of nine
years (regardless of the post held) with a similar stipulation of nine years
for the state associations is manifestly in public interest. Both the
stipulations are valuable safeguards to ensure against the concentration
G of power.
30. The requirement of a cooling off period of three years at the
end of every term in office, however, requires careful consideration.
The argument against the imposition of such a requirement is that by
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BOARD OF CONTROL FOR CRICKET IN INDIA v. 555
CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
requiring an office bearer who has held a post for three years to undergo A
a break of three years prevents office bearers from applying their
knowledge and experience in regard to the administration of the game
of cricket. The submission which has urged before the Court is that
once there is a cap of a nine year tenure for BCCI, with a similar tenure
of nine years for the state associations, an additional cooling off period
B
of three years at the end of every term of office may not be necessary.
31. The amicus has earnestly supported the cooling off requirement
as being necessary, having regard to the spirit of the Lodha Committee
recommendations. A cooling off period, it has been urged is necessary
to ensure that after a period of three years, a person is not able to migrate C
to another association and occupy the position of an office bearer or to
occupy any other position in the same association. The amicus also
submits that the expression ‘office bearer’ should not be allowed to be
circumvented by being a member of any other committee. Subject to
these safeguards, the amicus agrees that a person may be able to serve
for a period of nine years in the BCCI and nine years in a state association. D
32. Having carefully evaluated the submissions which have been
urged before us, we are of the view that a cooling off period should be
observed. A cooling off period has several features which are of utmost
importance : (i) it is a safeguard against the development of vested
E
personal interests; (ii) it ensures against the concentration of power in a
few hands; (iii) it facilitates a dispersal of authority; and (iv) it encourages
the generation of a wider body of experienced administrators. Cooling
off must be accepted as a means to prevent a few individuals from
regarding the administration of cricket as a personal turf. The game will
be better off without cricketing oligopolies. F
33. However, in our view, it would be appropriate to direct that a
cooling off period of three years would apply after an individual holds
two successive terms in office either in the BCCI, or in any state
association or a combination of the two. For instance, if an office bearer
has held office for two consecutive terms in any post in a state association, G
such an individual must face a cooling off period of three years. Likewise,
if an individual has held any post as an office bearer of the BCCI for a
total period of six years in succession, the individual must have a cooling
off period of three years before seeking election again either to the
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556 SUPREME COURT REPORTS [2018] 9 S.C.R.
A BCCI or to a state association. The cooling off period would apply also
in a situation where an individual holds a post for one term in a state
association followed by a post in the BCCI successively or vice versa.
This would ensure that after a period of six years involving two
consecutive terms, a cooling off period would be attracted. Allowing an
individual to act as an office bearer for six years in continuation, is a
B
sufficiently long period for experience and knowledge gained to be
deployed in the interest of the game without at the same time resulting in
a monopoly of power.
The cooling off period shall read as follows :
C “An office bearer who has held any post for two consecutive
terms either in a state association or in the BCCI (or a combination
of both) shall not be eligible to contest any further election without
completing a cooling off period of three years. During the cooling
off period, such an office bearer shall not be a member of the
D governing council or of any committee whatsoever of the BCCI
or of a state association.”
The above principle shall govern Clause 6(4) as well as Clause
14(4) of the draft constitution. The above principle will ensure that the
cooling off period will come into operation upon a person holding any
E post for two consecutive terms not exceeding six years.
34. We accordingly clarify that the position as approved by the
Court in the present order shall be to the following effect:
(i) The term for all posts of office bearers in BCCI and in state
F associations shall be three years;
(ii) No person shall hold the position of an office bearer in any
state association, regardless of post, for a period in excess of
nine years in the aggregate;
(iii) No person shall hold the post of office bearer in BCCI,
G
regardless of post, for a period in excess of nine years in the
aggregate;
(iv) There shall be a cooling off period of three years after an
individual has held the post of an office bearer for two
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BOARD OF CONTROL FOR CRICKET IN INDIA v. 557
CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
consecutive terms either in a state association or in the BCCI A
or a combination of both; and
(v) The expression ‘office bearer’ should not be permitted to be
circumvented by being a member of any other committee or
of the Governing Council in BCCI or any state association, as
the case may be. B
D. Division of Functions, Professional Management and
Disqualifications
35. The report of the Lodha Committee postulates that the General
C
body of the BCCI would consist of full members and associate members.
The report provides for an Apex Council which is responsible for the
administration of the Board.
36. This functional distinction between the General body and the
Apex Council is an institutional safeguard to ensure professional D
management of BCCI. The Apex Council is entrusted with the function
of professional management through the Chief Executive Officer, the
Chief Financial Officer and other officers who must be recruited
on a transparent and professional basis. Of the nine members of
the Apex Council, five (the President, Vice President, Secretary, Joint
Secretary, Treasurer and a member) are to be elected by E
the General body.
We approve clause 15 (1) in regard to the Apex Council which
reads thus:
F
“The affairs of BCCI shall be governed by the Apex Council and
its framework of governance shall:
(i) Enable strategic guidance of the entity;
(ii) Ensure efficient monitoring of management; G
(iii) Ensure the performance of the respective roles, responsibilities
and powers of the CEO, Managers, Cricket Committees and
Standing Committees except the Governing Council; and
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558 SUPREME COURT REPORTS [2018] 9 S.C.R.
A (iv) Ensure a distribution and balance of authority so that no single
individual has unfettered powers.”
E. Disqualifications
37. In regard to disqualifications, we accept the clause in the draft
B constitution as proposed with the incidental modifications as suggested
by the amicus. The disqualifications read as follows:
“ Clause 6 (5)
A person shall be disqualified from being an Office Bearer, a
member of the Governing Council or any Committee or a
C representative tothe International Cricket Council or any similar
organization if he or she:
(a) is not a citizen of India;
(b) has attained the age of 70 years;
D (c) is declared to be insolvent, or of unsound mind;
(d) is a Minister or Government Servant or holds a public office;
(e) holds any office or post in a sports or athletic association or
federation apart from cricket;
E (f) has been an Office Bearer of the BCCI for a cumulative period
of 9 years or of a State association for a cumulative period of
9 years;
(g) has been charged by a Court of Law for having committed
any criminal offence. i.e. an order framing charges has been
F passed by a court of law having competent jurisdiction.”
38. Clauses 29, 33(1), 33(2) and 45 of the draft constitution with
the modifications suggested by the amicus read as follows :
“Clause 29
G INADVERTENT OMISSION TO GIVE NOTICE OF
MEETING
Inadvertentomission to give notice of an Annual General or Special
General Meeting or Meetings of the Apex Council or of any of
the Committees to any member entitled thereto or the non-receipt
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BOARD OF CONTROL FOR CRICKET IN INDIA v. 559
CRICKET ASSOCIATION OF BIHAR [DR. D.Y. CHANDRACHUD, J.]
thereof by such individual shall not invalidate the proceedings of A
such meetings.
Clause 33(1)
At least fourweeks prior to the Annual General Meeting at which
an election is to be held, the Apex Council shall appoint an Electoral
Officer, who shall be a former member of the Election Commission B
of India.
Clause 33 (2)
The Electoral Officer shall oversee and supervise the entire election
process including scrutiny of the electoral rollsfor Councillors and C
the Players’ Cricket Association, which shall include all nominations
and candidatures being subject to his scrutiny in accordance with
the Rules.
Clause 45
These Rules and Regulations of the BCCI shall not be repealed, D
added to, amended or altered except when passed and adopted
by a 3/4th majority of the members present and entitled to vote at
a Special General Meeting of the General Body convened for the
purpose or at the Annual General Meeting. Any such amendment
will not be given effect to without the leave of the Hon’ble Supreme
E
Court.”
39. We approve the above clauses. We are emphatically of the
view that once the draft constitution has been approved by this Court,
any amendment should not be given effect to without the leave of this
Court.
F
40. Having regard to the fact that the draft constitution submitted
by the CoA on 27 October 2017 has now been approved by this Court
subject to the aforesaid modifications, we issue the following directions:
1. The Registrar of Societies under the Tamil Nadu Societies
Registration Act, 1975 shall upon the presentation of the said G
Constitution by the CEO, register the documents forthwith
and report compliance by way of a report to the Secretary
General of this Court within four weeks;
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560 SUPREME COURT REPORTS [2018] 9 S.C.R.
A 2. Upon the registration of the said Constitution of BCCI, each
of the members shall undertake registration of their respective
Constitutions on similar lines within a period of 30 days
thereafter. A compliance certificate must be furnished to the
CoA, which shall file a status report before this Court with
reference to the compliance undertaken by the State
B
Associations; and
3. In the event that any State Association does not undertake
compliance with the abovesaid directions, the directions
contained in the orders of this Court dated 7 October 2016
and 21 October 2016 shall revive.
C
41. The Committee of Administrators is at liberty to submit a further
report for such future directions as may be warranted and to secure
compliance.
D Divya Pandey Directions issued.
E
F
G
H
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