Supreme Court of India
BOARD OF CONTROL FOR CRICKETversusCRICKET ASSOCIATION OF BIHAR & ORS.
- Citation
- 2018 INSC 686
- Decided
- 18 July 2016
- Disposal
- Disposed off
- Bench
- T S THAKUR
Holding
The Lodha Committee's report is recommendatory, not automatically binding, does not contravene Article 19(1)(c), and its reforms are to be implemented as directed by the Court.
Summary
The Supreme Court examined the Lodha Committee's recommendations for reforming the Board of Control for Cricket in India (BCCI) after a public interest litigation. It held that the Committee's report is merely recommendatory and does not bind the BCCI unless the Court directs it, and that the recommendations do not infringe Article 19(1)(c) of the Constitution. The Court rejected the BCCI's claim that the Committee violated principles of natural justice and that its recommendations were unconstitutional, including the "One State One Vote" formula, age limits, disqualification of ministers, and inclusion of government nominees. It accepted the recommendations with modifications and ordered their implementation under the supervision of the Lodha Committee, while rejecting the BCCI's objections. The appeal was dismissed and the matter was disposed of.
Issues considered
- The nature and binding effect of the Lodha Committee's report
- Whether the recommendations violate Article 19(1)(c) of the Constitution
- Whether the Committee breached principles of natural justice
- Constitutionality of the "One State One Vote" recommendation
- Validity of age limits, disqualification of ministers and government officials, and inclusion of nominees in BCCI bodies
- Whether BCCI should be brought under the Right to Information Act
- Whether the Court can enforce the Committee's recommendations
Legislation cited
- Constitution of Indias. Article 12, s. Article 19(1)(c), s. Article 226, s. Article 32
- National Sports Development Code of India, 2011
- Right to Information Act, 2005
Subjects
cricket administrationLodha CommitteeBCCI reformsArticle 19(1)(c)natural justiceOne State One Voteage limitconflict of interesttransparencyRight to Information Actbetting legislationIPL governance
Judgment
[2016] 8 S.C.R. 606
A BOARD OF CONTROL FOR CRICKET
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No.4235 of2014)
B JULY 18, 2016
(T.S. THAKUR, CJI AND
FAKKIR MOHAMED IBRAHIM KALIFULLA, J.]
SPORTS: Cricket administration - Recommendations made
by Lodha Committee for streamlining the working of the BCCI -
c The Committee was assigned task to recommend such changes in
the Rules and Regulations of BCCI as would safeguard the interest
ofpublic at large in the sport of cricket, improve the ethical standards
and discipline in the game, streamline and promote efficiency in the
management of BCCJ, provide accessibility and transparency and
D prevent conflict of interest - Contention of BCCI that the Committee
failed to follow principles of natural justice and made its
recommendations unilaterally and therefore, report and
recommendation deserved to be rejected - Held: The report
submitted by the Committee is recommendatory in nature and
does not ipso facto oblige BCCJ to accept the changes suggested
E
therein unless so directed by the Court - That being so, any
grievance based on the alleged violation of the principles of natural
iustice and failure of the Committee to put the recommendations
proposed to be made before the BCCI for its re5ponse did not
constitute any substantive or procedural infirmity that could vitiate
F the report or the recommendations or call for a remand to the
Committee - Principles of Natural Justice.
Recommendations of the Committee whether have tendency
to violate Art.19(1)(c) or any other provision of the Constitution -
Held: There is no violation of Art.19(1){c) - The recommendations
G do not affect the composition of the State Cricket Associations in
any manner - Citizens who have come together to form the State
Associations continue to associate as before with no change in their
internal composition - However, right under Art.19(J)(c) does not
extend to guarantee to the ciiizt,;s the concomitant right to pursue
their goals and objects uninhibited by any regulatory or other control
H - Constitutio11 of India - Art.19(J)(c).
606
BOARD OF CONTROL FOR CRICKET v. CRICKET 607
ASSOCIATION OF BIHAR
One State One Vote - Recommendation of conversion of clubs A
and associations without a territory from full members to associate
members - Propriety of - Held: The fact that clubs including the
Railways Sports Promotion Board, Association of Indian Universities
and Services Sports Control Board do not represent any region nor
do they receive any monetary benefit is a good reason for converting
8
their full membership to associate membership - However, they shall
continue to be associated with the growth and promotion of the
game, the right to vote remaining confined to full members,
representing definite geographical regions or territories -
Recommendation made by the committee regarding the conversion
of the status of these clubs and associatidns are, therefore, sound C
and are accepted.
One State One Vote - State of Maharashtra and Gujarat -
Three clubs from each State - Recommendation made by Committee
that BCCI should choose one of the clubs to represent the entire
State - Submission that choice of one of the clubs to represent the D
entire State was fraught with difficulty and would ignore the
historical perspective and the fact that these clubs had made
substantial contribution to the development and promotion of cricket
in this counfly - Held: The only reasonable and rational ansrver to
the problem within the broad principle of One State One Vote would
be to allow the full membership of BCCI to rotate among the three E
clubs on an annual basis - During the period one of the associations
would exercise rights and privileges of a full membe1; the other two
associations would act as associate members of BCCI - This
rotational arrangement would give each member a right to vote at
its turn without violating the broader principle of One State One F
Vote recommended by the Committee - This would also respect the
historical aspect in which these associations grew to promote the
game and form BCCI as a national body - This arrangement of
rotational membership shall continue till such time the clubs/
Associations come together to form a single entity, if such a
unification was to ever become a reality. G
Recommendation as to the upper age limit of any office
bearer - Reasonableness of - Held: The upper limit of 70 years is
not an unusual or unacceptable norm and, therefore, not
unreasonable so as to warrant interference.
H
608 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Recommendation that Ministers and Government Officials
should be ineligible for any post in State Associations or in the
ECCi - Held: The Committee has taken the view that the game would
be better managed, promoted and developed if politicians and civil
servants who otherwise occupy positions of responsibility in the
Government that call for their complete and unstinted attention and
B
commitll1ent are made ineligible from holding any post in the State
associations or the ECCi - There is no compelling reason to reject
the recol/1mendation which disqualifies Ministers and Public
Servants from holding offices in the State Associations or ECCi.
Recommendations made by the Committee for inclusion of a
c nominee of the Accountant General of the State in the Governing
Body of the State Associations and a nominee of the Comptroller &
Auditor General of India (C&AG) as Member of the Apex Council
in ECCi - Held: The nominees recommended by the Committee would
act as conscience keepers of the State Association and ECCi in
D financial matters and matters related or incidental thereto which
will no way adversely impact the pe1formance or working of the
ECCi for the promotion and development of the game of cricket -
There is no reason to reject the said recommendation.
Recommendation made by the Co111111ittee regarding the
formation of Players Association and financial assistance to it -
E Formation of Association is not challenged by ECCi or any other
Association - The question is whether the association needs to be
financially supported by the ECCi - Held: Recommendation
requiring financial support to the players association cannot be
rejected especially when the extent of such support is left to the
F ECCi to be decided on a fair and objective view of its financial
resources and commitments.
Recommendations relating to the ECCi being under the
purview of Right to Information Act and to carry out a suitable
amendment to this effect and the Parliament to legalize belting in
cricket - Held: Public at large has right to know and demand
G
information as to the activities and functions qf the ECCi especially
when it deals with fimds collected in relation to those activities as a
trustee of 1Fherein the beneficiary happens to be the people of this
coumry - Law Co111111issio11 to examine the issue and make suitable
recommendation to Government - Right to information Act -
H Legislation.
BOARD OF CONTROL FOR CRICKET v. CRICKET 609
ASSOCIATION OF BIHAR
Recommendation as to the broadcast/ tele_casti17g of sporting A
events hosted by the ECCi - Held: The Co1111i1ittee s concern is
about the excessive exploitation of the commercial space granted
to the broadcaster and in the process affecting the viewers ' ability
to view the game in the best possible way - It is left to the ECCi to
examine the 111atter from all possible angle and to take a considered
8
decision having regard to the recommendation made by the
Committee and the feasibility of any modification in the existing
contracts.
Recommendation made by the Committee that the Governing
Council of the IPL ought to be reconstituted so as to comprise three
ex-officio 111embers of the ECCi namely; the Secretary, the Treasurer c
and the CEO, two representatives of the Members of ECCi to be
elected by the General Body, two nominees of the IPL franchisees
and one nominee each to be nominated by the C&AG and ji-om the
Players' Association - Held: The Co111mittee does not appear to have
addressed the question of conflict of interest in the event IPL D
franchisees place two nominees in the Governing Council keeping
in view the fact that the Governing Council takes important decisions
like players retention policy and in posting of umpires.for IPL
matches etc. - There is pri111a facie a possibility of conflict of interest
arising out of the franchisees representation in the Governing
Council - Matter is left to the Co111111ittee to n-examine. E
Recommendation proposing a cap on the number of terms for
which an officer bearer can serve and the optimum period for which
one can be a member of the apex council and also providing for
cooling off period between two terms - Held: The Committee was
iustified in recommending the length of a term in office - A three F
year term recommended by the Co111mittee is reasonable - So also,
the prescription of cooling off period between two ter111s cannot be
faulted - Similarly, an opti111um period of 9 years as a member of
the apex council cannot also be termed as unreasonable - Grounds
for disqualification like unsoundness of mind, the member becoming G
a minister or holding a membership in any sporting body also 111eet
the requirement of reasonableness and do not call for interference
from the court.
Recommendation as to overhaul of the existing Committees of
the ECCi on the ground that they do not have clearly defined terms H
610 SUPREME COURT REPORTS [2016] 8 S.C.R.
A of reference - Held: The Committee has on the basis of a thorough
consideration and deliberation with all concerned recommended
that the BCCI ought to adopt an approach that would institutionalize
the management of its administrative affairs rather than such affairs
being run on an ad-hoc basis - There is no compelling reason to
reject the recommendation made by the Committee, especially when
B
the objective underlying the said recommendation is not only laudable
but achievable through the medium of the change recommended by
the Committee.
Disposing of the appeals, the Court
c HELD: 1. The task assigned to the Committee in terms
of the order passed by this Court was in its very nature
inquisitorial in which the Committee was supposed to hear
the concerned stakeholders including the BCCI and formulate
its views on various aspects concerning the subject matter and
make recommendations considered necessary for a more
D efficient, objective and transparent working of the BCCI. The
Committee comprising some of the finest legal minds fully aware
of the requirements of law and the need for adopting a fair and
reasonable procedure, decided in its wisdom to serve a
questionnaire upon the stakeholders soliciting information, apart
E from holding several interactive sessions with them and all those
who wished to be heard in the matter including representatives
from the State Associations, Journalists, Academicians, Jurists,
Public Figures etc. The Committee has recommended certain
steps which, in its opinion, are necessary to usher in structural
and other reforms in the working of the BCCI. What is significant
F is that the Committee was not called upon nor has it adjudicated
upon any right of the applicant finally. It has simply enquired
into the working of the BCCI, identified its fault, its weaknesses,
failures and shortcomings and suggested ways and means by
which the same can be rectified. Principles of natural justice, it
G is well settled, are not codified rules of procedure. Courts have
repeatedly declined to lay down in a strait jacket, their scope and
extent. The extent, the manner and the application of these
principles depends so much on the nature of jurisdiction exercised
by the Court or the Tribunal, the nature of the inquiry undertaken
and the effect of any such inquiry on the rights and obligations of
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 61 I
ASSOCIATION OF BIHAR
those before it. The extent of the application of the principles A
also depends upon the fact situation of a given case. The fact
that the Committee was appointed by this Court, for a specific
purpose, the fact that the Committee comprised distinguished
jurists familiar with the requirements of fairness and objectivity
and the need for providing a hearing to any one likely to be
B
affected, the fact that the Committee not only served questionnaire
and heard all those who wished to be heard and the fact that the
report of the Committee was not ipso facto binding but was only .
recommendatory, completely excludes any chance of any prejudice
to BCCI nor has any prejudice otherwise been demonstrated.
There was in the facts and circumstances no legal or procedural C
requirement for the Committee to draw up its recommendations
on a provisional basis and then finalise the report after
considering the response of the BCCI. The changes proposed
by the Committee remain in the realm of recommendations so
long as they are not accepted by this Court. There is no reason D
to remand the matter nor there is any legal flaw in the procedure
adopted by the Commi~tee. [Paras 44, 45) (659-C-G; 660-A-B,
D-H)
2. Article 19(l)(c) of the Constitution of India guarantees
to the citizens of this country the right to form associations, unions
and cooperative societies. The right is guaranteed in favour of E
citizens and citizens alone. Recourse to Article 19(1)(c) is not,
therefore, open to juristic or other persons and entities who are
non-citizens. The right guaranteed under Article 19(1)(c) cannot
be claimed by an association or union or a co-operative· Society
as is sought to be done in the case at hand, even when the right F
to form an association or union or cooperative society extends to
the continued existence of such association or union or
cooperative society with its original voluntary composition. But
the right does not extend so far as to include the right of any
such association or union or cooperative society to achieve its
objects or to conduct its business unhindered by any regulatory G
or other control. Anything beyond the protection of the original
composition of the association or union or cooperative society
would fall outside Article 19(l)(c) and shall be governed by other
clauses of Article 19 of the Constitution. In this backdrop, the
recommendations made by the Committee do not interfere with H
612 SUPREME COURT REPORTS [2016] 8 S.C.R.
A or alter the composition of the State Associations. Individual
citizens who came together to form the State Associations have
not been asked to discontinue their association nor do the
recommendations impose upon their members an obligation to
associate with others with whom they do not wish to associate.
Composition of the State Cricket Associations remain unaffected,
B
and so does the right of those forming such Associations under
Article 19(l)(c). [Paras 52, 53, 60, 61) [664-F-G; 665-B; 673-G-
H; 674-A-B, D-E]
Zee Telefilms Ltd. v. Union of India 2005 (1) SCR 913 :
(2005) 4 SCC 649; All India Bank Employees
c Association v. The National Industrial Tribu11al (Bank
Dfaputes), Bombay a11d Ors. AIR 1962 SC 171 : 1962
SCR 269; Tata F:ngi11eering a11d Locomotive Company
Ltd. v. State of Bihm· AIR 1965 SC 40 : 1964 SCR
885; D.A. V College v. State of Punjab 1971 (2) SCC
D 269; O.K. Ghosh and another v. E.X Joseph AIR 1963
SC 812 : 1963 Suppl. SCR 789; Smt. Damyanti
Naranga v. Union of India And Others, 1971 (3) SCR
840 : 1971 (1) SCC 678; Dharam Dutt and Ors. v.
Union of India & Ors. 2003 (6) Suppl. SCR 151: (2004)
1 SCC 712; Maneka Gandhi v. Union of India 1978
E (2) SCR 621 : (1978) 1 SCC 248; All India Bank
Employees' Association v. National Industrial Tribunal
AIR 1962 SC 171 : 1962 SCR 269 - referred to.
3.1. The recommendation "One State One Vote" made by
the Committee has a two-fold impact on the current state of affairs
F in BCCI. The first 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
G Maharashtra and Gujarat. In the first category, fall five full
members whose membership should as per the recommendation
get converted to associate membership. In this category fall
Railways Sports Promotion Board, Association of Indian
Universities, Services Sports Control Board, National Cricket
Club (Kolkata) and Cricket Club of India (Bombay). The
H Committee has recommended that these clubs and associations
BOARD OF CONTROL FOR CRICKET v. CRICKET 613
ASSOCIATION OF BIHAR
need not be continued as full members as they do not represent A
any geographical territory. Two of the clubs namely Cricket Club
of India and National Cricket Club do not even field teams in
competitive cricket. These two clubs also happen to be
recreational clubs. [Paras 62 , 63] [674-G-H; 675-A-C]
3.2 There is no reason to disagree with the recommendation 8
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 i;nembers to associate members. This
is a measure which has been recommended with a view to
structurally streamlining the BCCI to make it more responsive c
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. The fact that clubs including
the Railways Sports Promotion Board, Association of Indian
Universities and Services Sports Control Board do not represent D
any region nor do they receive any monetary benefit is a good
enough reason for converting their full membership to associate
membership. The conversion notwithstanding they shall continue
to be associated with the growth and promotion of the game, the
right to vote remaining confined to full members, representing
definite geographical regions or territories. The recommendation E
made by the Committee regarding the conversion of the status
of the above mentioned clubs and associations arc. therefore,
sound and arc accepted. [Para 63] [675-E-H; 676-Aj
3.3 In respect of the second aspect of "One State One
Vote", it was argued for the intervening clubs from the States of F
Maharashtra and Gujarat that the six clubs/associations three
each from the two States not only represent a definite territory
and participate in competitive cricket by fielding teams but have
contributed to the development of the game in their regions. It
was submitted that the recommendations made by the committee G
that BCCI should choose one of the clubs to represent the entire
State was fraught with difficulty and ignored the historical
perspective and the fact that the these clubs had made substantial
contribution to the development and promotion of cricket in this
country. The argument advanced by the intervenor clubs cannot
H
614 SUPREME COURT REPORTS (2016] 8 S.C.R.
A be lightly brushed aside. It is not disputed that three different
regions are represented by three distinct Associations both in
the Stat(ls of Gujarat and Maharashtra. This position has continued
to exist from the inception. Some of the clubs/associations, if not
all are the founding members of BCCI. That being so, a balance
has to be struck with historical reality and the need for adopting
B
a pragmatic, uniform and principled approach aimed at reforming
and rationalizing BCCl's structural edifice. It would not be
possible for the three associations to sync and unify their
associations into a single entity. Each association is entitled today
to field a team and receive monetary assistance. In the process
c of unification, the prospects of budding cricketers of these regions
would go down substantially. That being so, the only reasonable
and rational answer to the 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. During
D the period one of the associations would exercise rights and
privileges of a full member, the other two associations wonld act
as associate members of BCCI. This rotational arrangement
would give each member a right to vote at its turn without violating
the broader principle of One State One vote recommended by
the Committee. This would also respect the historical aspect in
E which these associations grew to promote the game and form
BCCI as a national body. The right of the association to field
teams as before will remain unaffected subject to any changes
that BCCI may make in its wisdom over a period of time. BCCI
shall, however, decide the order in which the membership will
rotate among the three associations in these two states. [Paras
F
64, 65) (676-B-D, E-F; 677-A-E)
4. Recommendation made by the Lodha Committee as to
the upper age limit of any office bearer.
There is no denying the fact that Cricketers who play competitive
G cricket generally fall in the age group of 18 to 35 years. This
implies that even after retirement from active cricket anyone
who has the potential to contribute to the game can do so for
over three decades till he attains the age of 70 years. The upper
age limit recommended by the Lodha Committee is not, therefore,
unreasonable or irrational by any standard. That apart, the
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 615
ASSOCIATION OF BIHAR
Government of India have in the National Sports Development A
Code of India, 2011, inter alia, stipulated that the President,
Secretary and the Treasurer of any recognized National Sports
Federation including the Indian Olympic Association (IOA) shall
cease to hold that post on attaining the age of 70 years. The upper
age limit of 70 years is not, therefore, an unusual or unacceptable
8
norm so as to warrant interference with the same. [Paras 66, 68]
[677-F; 678-D-¥1
5. Recommendation that Ministers and Government
Officials should be ineligible for any post in State Associations or
in the BCCI
c
The Committee has taken the view that the game would be better
managed, promoted and developed if politicians and civil servants
who otherwise occupy positions of responsibility in the
Government that call for their complete and unstinted attention
and commitment are made ineligible from holding any post in the
State associations or the BCCI. There is no compelling reason D
to reject the recommendation which disqualifies Ministers and
Public Servants from holding offices in the State Associations or
BCCI. The argument that since ministerial and bureaucratic
support and patronage has helped the BCCI in running its affairs
in the past they should be allowed to continue, lest the game E
suffers, cannot be accepted. It is not right to say that the game
flourishes in this country because any minister or civil servant
holds office in the State Associations or BCCI. There is also no
basis for the argument that unless the ministers and civil servants
are allowed to hold office in the State Association or in the BCCI
they will refuse to do what is legitimately due to the game for its F
development and promotion. Nothing which is not due to the game
or is not legitimate need be done by any Minister or Civil Servant.
But what is legitimately due to the game will not be denied to the
game merely because Ministers m· Civil Servants do not happen
to be office bearers for there may be an overwhelming number of G
Ministers and Bureaucrats who are passionate about the game
and would like to do everything that is legally permissible and
reasonably possible within the four corners of the law even without
holding any office in the BCCI or the State Associations. [Paras
69, 72] [678-G-H; 680-C, II; 681-A-D]
H
616 SUPREME COURT REPORTS [2016] 8 S.C.R.
A 6. Recommendations made by the Committee for inclusion
of a nominee of the Accountant General of the State in the
Governing Body of the State Associations and a nominee of the
Comptroller & Auditor General of India (C&AG) as Member of
the Apex Council in BCCI. [Para 74) [682-A]
8 6.1 The Lodha Committee has, while dealing with the need
for transparency and oversight, referred to the grievance made
by the stakeholders that the BCCI was neither fair nor transparent
and those who seek greater information are either rebuffed by
the Board or won over by enticements. The Committee has
noticed that the state of affairs prevailing in BCCI and the
c expenses incurred by it call for better financial management and
financial prudence. It is evident from a careful reading of the
Report that the object underlying the induction of the nominees
of the Accountant General of the State and the C&AG is to bring
transparency and financial oversight into the affairs of the State
D Associations and the BCCI. The object sought to be achieved by
the proposed nominations is laudable or at least desirable.
Transparency and financial discipline and accountability are
fundamental values to which any authority discharging public
functions must be committed to. To that extent the BCCI has
not faulted the report made by the Committee. [Paras 75, 76]
E [682-D-E; 683-E-F]
6.2 There is, no basis for the argument that any measure
taken by the BCCI on its own or under the direction of a
competent court specially when aimed at streamlining its working
and ensuring financial discipline, transparency and accountability
F expected of an organization discharging public functions such as
BCCI may be seen as governmental interference calling for
suspension/derccognition of the BCCI. Far from finding fault with
presence of a nominee of the Accountant General of the State
and C&AG, the ICC would appreciate any such step for the same
G would prevent misgivings about the working of the BCCI
especially in relation to management of its funds and bring
transparency and objectivity necessary to inspire public
confidence in the fairness and the effective management of the
affairs of the BCCI and the State Associations. The nominees
recommended by the Committee would act as conscience keepers
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 617
ASSOCIATION OF BIHAR
of the State Association and BCCI in financial matters and matters A
related or incidental thereto which will in no way adversely impact
the performance or working of the BCCI for the promotion and
development of the game of cricket. The criticism leveled against
the recommendations of the Committee is, therefore, unfounded
and accordingly rejected. [Para 77] [684-B-E)
B
7. Recommendation made by the Committee regarding the
formation of a Players' Association.
Formation of the Association, is not under challenge and rightly
so for cricket players have a fundamental right to form an
association even independent of the recommendation. The c
question is whether the association needs to be financially
supported by the BCCI. The Committee has recommended such
financial support but has stopped short of specifying the extent
of such support. It would, therefore, be reasonable to presume
that the extent of financial support which the association may be
given is left to the discretion of the BCCI. If that be so, there is D
no merit in the objection raised by the BCCI thnt such support
need not be given or would unduly burden the BCCI. An
association of cricket plnyers would doubtless give to the
cricketing community not only nn opportunity to contribute to
the promotion of the gnme but n sense of participntion also so E
very importnnt for the promotion of a gnme that brings so much
joy and feelings ofnntionalism among our countrymen. Financial
support, to the extent possible, having regnrd to the resources
avnilable with the BCCI nnd its financial commitments in other
areas relevant to the gnmc is not therefore an unacceptable iden.
The third dimension of the recommendation touching the F
representation given to the association also does not call for any
interference. Players' Association represent a very significant
and important segment of the stakeholders in the game. Those
who have played the game and arc, therefore, better equipped to
understand its nuances, its challenges and concerns relevant to G
its development and promotion cannot be left out from the
management. The Committee has recommended two positions
in the Apex Council as Councillors one of whom must be a female.
Keeping in view the numerical strength of the Apex Council, two
nominees representing the Players' Association will not unfavorably
H
618 SUPREME COURT REPORTS (2016] 8 S.C.R.
A tilt the power balance within the Apex Council nor bring in any
undesirable or extraneous element into the management of the
BCCI. The argument against this recommendation is rejected.
[Paras 79, 80] (684-E; 685-B-E, F-H; 686-A]
8. Recommendations relating to the BCCI being under
B the purview of Right to Information Act and to carry out a suitable
amendment to this effect and the Parliament to legalize betting
in cricket.
Since BCCI discharges public functions and since those functions
are in the nature of a monopoly in the hands of the BCCI with
c tacit State/Central Government approvals, the public at large has
a right to know and demand information as to the activities and
functions of the BCCI especially when it deals with funds
collected in relation to those activities as a trustee of wherein
the beneficiary happens to be the people of this country. As a
possible first step in the direction in bringing BCCI under purview
D of Right to Information Act, the Law Commission of India would
be required to examine the issue and make a suitable
recommendation to the Government. So also the recommendation
made by the Committee that betting should be legalized by law,
involves the enactment of a Law which is a matter that may be
E examined by the Law Commission and the Government for such
action as it may consider necessary in the facts and circumstances
of the case. [Paras 82, 83] [686-B, F-H; 687-A-B]
9. Recommendation as to the broadcast/ telecasting of
sporting events hosted by the BCCI.
FThe Committee appears to have taken the view that commercial
expediency bas overtaken the need for a neat telecast of the
events for the benefit of the viewers. The Committee's concern
is about the excessive exploitation of the commercial space
granted to the broadcaster and in the process affecting the
G viewers' ability to view the game in the best possible way. The
recommendation is left for the consideration of the BCCI with
the observation that BCCI may keeping in mind the sentiments
expressed by the Committee ensure that the viewers get to see
an uninterrupted broadcast oftbe match from the first till the last
ball of the over and limiting the commercial advertisement in
H terms of time a?d space to an extent that will not deprive the
BOARD OF CONTROL FOR CRICKET v. CRICKET 619
ASSOCIATION OF BIHAR
viewers of the pleasure of watching the game in full. [Paras 84, A
86] [687-C; 688-E-F]
10. Recommendation made by the Committee that the
Governing Council of the IPL ought to be reconstituted so as to
comprise three ex-officio members of the BCCI namely; the
Secretary, the Treasurer and the CEO, two representatives of B
the Members of BCCI to be elected by the General Body, two
nominees of the IPL franchisees and one nominee each to· be
nominated by the C&AG and from the Players' Association.
The BCCI bas objected to the recommendation in so far as same
pertains to induction of two nominees of the franchisees. The c
BCCI contends that the induction of the nominees from the
franchisees is impermissible because important matters like
players retention policy, posting of umpires for IPL matches, etc.
are deliberated upon and decided by the Governing Council itself.
The recommendation made by the Committee docs not elaborately
deal with the need for induction of the nominees of the IPL D
franchisees in the Governing Council. All that is said is that the
Governing Council has denied any role to the franchisee
companies and that there is no independent voice in the Governing
Council which is dominated by the full members of the BCCI and
two former cricketers. The Committee docs not appear to have E
addressed the question of conflict of interest in the event IPL
franchisees place two nominees in the Governing Council keeping
in view the fact that the Governing Council takes important
decisions like players retention policy and in posting of umpires
for IPL matches etc. There is prima facie a possibility of conflict
of interest arising out of the franchisees representation in the F
Governing Council. It is left to the Committee to re-examine. If
upon reconsideration of the matter the Committee takes a view
that the induction of the nominees of the franchisees will not result
in any conflict of interest, it shall be free to stick to its
recommendations in which event the recommendations shall be G
deemed to have been accepted by this Court to be formalized
and carried out in such manner as the Committee may decide.
[Paras 87, 88] [688-G-H; 689-A-B, D-G]
11. Recommendation proposing a cap on the number of
terms for which an officer bearer can serve and the optimum H
620 SUPREME COURT REPORTS [2016) 8 S.C.R.
A period for which one can be a member of the apex council.
The recommendation also provides for cooling off period between
two terms. It also prescribes grounds for disqualification of office
bearer which were otherwise absent in the existing rules and
regulations of the BCCI. These recommendations come in the
B wake of a finding by the Committee that under the present
dispensation office bearers could continue for any number of
terms. It was also noticed that no grounds for disqualifying an
office bearers were prescribed. The Committee found both of
these to be unacceptable and rightly so. Given the problems that
often arise on account of individuals holding office for any number
c of consecutive terms, the Committee was justified in
recommending the length of a term in office. A three year term
recommended by the Committee is reasonable. So also, the
prescription of cooling off period between two terms cannot be
faulted. Similarly, an optimum period of 9 years as a member of
D the apex conncil cannot also be termed as unreasonable. Grounds
for disqualification like nnsoundness of mind, the member
becoming a i.ninister or holding a membership in any sporting
body also meet the requirement of reasonableness and do not
call for interference from the court. [Para 89] [689-H; 690-A-DJ
E 12. Recommendation as to overhaul of the existing
Committees of the BCCI on the ground that they do not have
clearly defined terms of reference.
The Committee has on the basis of a thorough consideration and
deliberation with all concerned recommended that the BCCI
ought to adopt an approach that would institutionalize the
F management of its administrative affairs rather than such affairs
being run on an ad-hoc basis. The Committee has, on that premise,
recommended an administrative set up which it has evolved on
the basis of its interactions with people who have the necessary
expertise and insight into the needs of the BCCI and its
G associations. Therefore, there is no compelling reason to reject
the recommendation made by the Committee, especially when
the objective underlying the said recommendation is not only
laudable but achievable through the medium of the change
recommended by the Committee, The report submitted by the
Committee and the recommendations made therein are accepted
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 621
ASSOCIATION OF BIHAR
with modifications and clarifications. The implementation of the A
recommendations is equally important and ought to be achieved
within a reasonable period. [Paras 90, 91] (690-F-H; 691-A-B]
BCCI v. Cricket Association of Bihar and Ors. 2015 (1)
SCR 165 : (2015) 3 SCC 251; Viveka Nand Sethi v.
Chairman, J & K Bank Ltd. 2005 (3) SCR 1095 : (2005) B
5 SCC, 337; S.L. Kapoor v. Jaf{mohan 1981 (1) SCR
746 : (1980) 4 SCC 379; State of Punjab v. Jaf{ir Singh
2004 (4) Suppl. SCR 734 : (2004) 8 sec 129;
Karnataka SRTC v. S.G Kotturappa 2005 (2) SCR
520 : (2005) 3 SCC 409; Ravi S Naik v. Union of India
1994 (1) SCR 754 : (1994) Suppl. (2) sec 641; K.L. c
Tripathi v. SB! 1984 (1) SCR 184 : (1984) 1 sec 43 -
referred to.
Case Law Reference
referred to Para2
referred to Para 44 D
referred to Para 44
referred to Para 44
referred to Para 44
referred to Para 44
referred to Para 44 E
referred to Para 46
referred to Para 49
referred to Para 55
referred to Para 56
referred to Para 57
referred to Para 58
referred to Para 59
From the Judgment and Order dated 30.07.2013 of the High C::ourt
of Judicature at Bombay in PIL No. 55 of2013.
WITH
C. A. Nos. 4236of2014 and 1155 of 2015. H
622 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Gopal Subramanium, Sr. Adv. (A.C.), K. K. Venugopal, Ms. Nalini
Chidambaram, Shekhar Naphade, Rana Mukherjee, B. H. Marlapalle,
Sr. Advs., Santosh Krishnan, Ankur Kashyap, Kushagra Pandey, Sambit
Nanda, Rudra Pratap Singh, Ms. Anusha Ramesh, Ms. Rosemary Raju,
Ms. Aakansha Singh, Raghav Chadha, L. Joshi, Ms. Radha Rangaswamy,
Ms. Ranjeeta Rohatgi, Abinav Mukherjee, Ankur Talwar, Gagan Gupta,
B
Vikas Mehta, Ms. Anushree Menon, Rajat Sehgal, Amit A. Pai, Nirmal
Kumar A., Preshit S., Ms. Manju Jetley, Pankaj Kr. Mishra, A. S. Bhasme,
Aditya Verma, Ms. S. Lakshmi, Vikash Singh Jangra, Anish R. Shah,
Anshuman Ashok, Harsh Kaushik, Abhay Chatoopadhyay, Gaurav
Sharma, Gaurav Khanna, Raghavendra S. Srivatsav, Puneet Bali, Ms.
c Gunjan Rishi, Aditya Soni, Shree Pal Singh, Amal Chitale, Nirnimesh
Dube, Ms. Pragya Baghel, Rahat Bansal, Venkita Subramoniam T. R.,
Ms. Neela Gokhale, Ms. Sonia Mathur, Devanshu Sharma, Ms. Liz
Mathew, Ashwin Chandran, M. F. Philip, Ms. Diksha Rai, R. Bala, Nalin
Kohli, Prabhas Bajaj, Santosh Kumar, Shreekant N. Terdal, Mukesh
D Kumar Maroria, V. K. Biju, Praveen Swarup, Chirag M. Shroff, E. C.
Agrawal, Senthil Jagadeesan, Mrs. Lalita Kaushi, Ms. Kamakshi S.
Mehlwal, Ms. Rashmi Singh, Deeptakirti Verma, Mishra Saurabh,
M. Yogesh Kanna, Rahul Pratap, Ms. Pooja Dhar, M.s Temple Law
Firm, Advs. for the appearing parties.
The Judgment of the Com1 was delivered by
E
T. S. THAKUR, CJI 1. "Change" it is famously said is al 1that
is constant in the world. And yet the world hates change, no matter, it is
only change that has brought progress for mankind. Statesmen, Scholars
and Scientists have spoken for change and eulogised its significance.
For instance Charles Darwin has spoken of 'change' in the context of
F his theory of evolution and declared "It is not the strongest of the
species that survive, not the most intelligent, but the one most
responsive to change. "Benjamin Franklin, put it more pithily when he
said "When you 're finished changing, you 're finished". Albert
Einstein spoke of change when he said "The world as we have created
G is a process of our thinking. It cannot be changed without changing
our thiliking. " The truth is that resistance to change stems partly from
people getting used to status quo and partly because any change is
perceived to affect their vested interest in terms of loss of ego, status,
power or resources. This is true particularly when the suggested change
is structural or organizational which involves some threat, real or
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 623
ASSOCIATJON OF BIHAR [T. S. THAKUR, CJ!]
perceived, of personal loss to those involved. No wonder, therefore, that A
the portents of change which the recommendations made by the
Committee appointed by this Court symbolizes are encountering stiff
resistance from several quarters interested in continuance of the status
quo. The fact that the recommendations for change come from a body
whose objectivity, fairness, sense ofjustice, equity and understanding of B
the problems that are crying for a solution are beyond any doubt or
suspicion has made little or no difference to those opposing the
recommendation.
2. These proceedings are a sequel to our order dated 22"a January,
2015 [BCCI vs. Cricket Association of Bihar and Ors., (2015) 3 SCC
251 ]. We had by that order answered seven distinct questions formulated C
in para 20 thereof. Six out of those questions related to allegations of
sporting fraud, conflict of interest leveled against functionaries of the
BCCI and the jurisdiction of a writ court to intervene and issue directions
considered appropriate in the circumstances. This Court held that even
when the Board of Control for Cricket in India was not "State" within D
the meaning of Article 12, it was amenable to the writ jurisdiction of the
Court under Article 226 of the Constitution oflndia as it was discharging
important public functions. Building further on that finding, this Court
had while dealing with Question No.7 set up a Committee comprising
Justice R.M. Lodha, former Chief Justice of India as Chairman with
JusticeAshok Bhan and Justice R.V. Raveendran, former Judges of this E
Court as members to determine and award punishment considered
appropriate on those found guilty by Justice Mudgal's Committee and to
examine for any disciplinary or punitive action, the role played by Mr.
Sundar Raman with the help of the investigating team constituted for
that purpose. More importantly we had requested the Committee to F
examine and make suitable recommendations on the following aspects:
119.1. Amendments considered necessary to the memorandum
of association of BCCJ and the prevalent rules and
regulations for streamlining the conduct of elections to
different posts/officers in BCCJ including conditions of G
eligibility and disqualifications, if any, for candidates wanting
to contest the election for such posts including the office of
the President of ECCL
119.2. Amendments to the memorandum of association, and
rules and regulations considered necessary to provide a H
624 SUPREME COURT REPORTS [2016] 8 S.C.R.
A mechanism for resolving conflict of interest should such a
conflict arise despite Rule 6.2.4 prohibiting creation or holding
of any commercial interest by the administrators, with
particular reference to persons, who by virtue of their
proficiency in the game of cricket, were to necessarily play
some roles as coaches, managers, commentators, etc.
B
119. 3. Amendment, if any, to the memorandum of association
and the rules and regulations of BCCI to carry out the
recommendations of the Probe Committee headed by Justice
Mudgal, subject to such recommendations being found
acceptable by the newly appointed committee.
c
119. 4. Any other recommendation with or without suitable
amendment of the relevant rules and regulations, which the
committee may consider necessary to make with a view to
preventing sporting frauds, conflict of interests, streamlining
the working of BCCI to make it more responsive to the
D expectations of the public at large and to bring transparency
in practices and procedures followed by BCCI. "
3. The Committee accordingly heard the individuals and the
Franchisees found guilty by Mudgal Committee and by an order dated
14'h July, 2015 awarded punishments cc.1sideredjust and proper. The
E Committee also by a separate report dated I 8d' December, 2015 examined
the role of Mr. Sundar Raman and exonerated him of the charges levelled
against him. By a separate report dated l 8'h December, 2015, the
Committee has recommended several steps and measures that would in
its opinion streamline the working of the BCCI and possibly prevent any
F aberrations or controversies in which it has been embroiled in the past.
We shall presently refer to the findings and the recommendations of the
Committee in greater detail, but before we do so, we must mention that
on receipt of the Committee's report and the recommepdations, we had
issued notice to the parties to give them an opportunity to respond to the
same. The BCCI has, accordingly, submitted its reply to the reports and
G the recommendations made therein. In addition, several other organimtions
and individuals have intervened to file their responses and objections to
the reports and the recommendations and raised several issues.
4. At the same time certain other intervenors have stoutly supported
the report of the Committee and the recommendations made therein.
H For instance, intervening applications made by Mr. B.S. Bedi and Mr.
BOARD OF CONTROL FOR CRICKET v. CRICKET 625
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
Kirti Azad, Cricket Association of Pondicherry and several others have A
supported the recommendations made by Justice Lodha Committee. The
recommendations are also supported by the respondent Cricket
Association of Bihar, who has prayed for acceptance of the
recommendations and issue of directions for appropriate f911ow up action
in implementation of the same.
B
5. We have heard at considerable length learned counsel for the
parties and those appearing for the intervenors. As noticed earlier the
task assigned to the Committee was to recommend such changes in the
rules and regulations ofBCCI as would in the opinion of the Committee
safeguard the interest of public at large in the sport of cricket, improve
the ethical standards and discipline in the game, streamline and promote C
efficiency in the management of BCCI, provide accessibility and
transparency, prevent conflict of interest situations and eradicate political
and commerciaf interference and abuse and create mechanisms for
resolution of disputes within the BCCI. The direction issued by this ·
Court for all round reform in the working of the BCCI and the conduct D
of its affairs proceeded fundamentally on the juristic foundation that
BCCI was discharging public functions and is, therefore, subject to the
rigours of 'Public Law' making it mandatory for the BCCI to adhere to
the principles of reasonableness, fairness, accountability and transparency.
6. The Committee had in the right earnest circulated a detailed E
questionnaire to various stakeholders, aficionados and patrons of the .
game. The questionnaire was based on the view taken hy this Court in
the main judgment, the existing rules and regulations of the BCCI and
various articles and news reports which pointed out the flaws and
loopholes in the cricket administration in this country.. The questionnaire
contained 135 questions grouped under 8 distinct heads of areas of concern F
for cricket administration namely (a) Organization, structure and
relationship (b) Source and extent ofjurisdiction (c) Offices, committees
and elections (d) Commercial engagements, contracts and services (e)
Audit, accounts and finances (f) Player welfare and dispute resolution
(g) Conflict of interest (h) Oversight and transparency. G
7. The Committee conducted over 35 days of sittings at Mumbai,
Bangalore, Chennai, Kolkata, Hyderabad and New Delhi in the process
providing ease of access to respective representatives from various zones
and primary Test Centres. The Committee also interacted with 75 persons
in India including Former Captains, International and First Class Players, H
626 SUPREME COURT REPORTS [2016] 8 S.C.~.
A Coaches, Managers, Administrators, Journalists, Talent scouts, Authors,
Lawyers, Club Owners, Selectors and a Former Chief Justice of a High
Court. Suggestions made by those who responded to the questionnaire
and those who interacted with the Committee were summarized. The
Committee also researched media reports, documentaries, published
material, draft legislations, books and articles, apart from 'Several
B
unsolicited missives from Cricket fans, local experts and administrators
about how maladministration was rife in cricket all over the country.
The Committee appears to have received complaints of defalcation and
siphoning of funds, opaqueness in administration, blatant favouritism and
political interference in almost all State Associations, varying only in
c degree from place to place. The Committee prepared a comparative
analysis of international sports policy and how the same were structured
in their constitution, electoral process and overall management and how
measures exist to check conflict of interest and enforce ethics.
8. Based on the interactions held and the responses received from
D various quarters, the Committee identified the problem areas in the
functioning of the BCCI, and upon an in-depth appraisal of the material
and the interactive sessions held by the Committee came to the definite
conclusion that BCCI has been suffering from many ills that had become
endemic due to the apathy and involvement of those at the helm of the
Board's administration. The Committee recorded a specific finding that
E the problems faced by tqe BCCJ have beert corhpounded by the
involvement/association of many high functionaries in the Central and
State Governments some of whom had remained in charge of the
administration of the BCCI for several decades. It also came to the
conclusion that many officials of the State Associations were holding
F power without any accountability and transparency by converting the
Associations into personal fiefdoms. It found inequities writ large at the
high table with some States over-represented in votes, tournament
participation and central funding while others were made to wait endlessly
in the wings for indefinite period until favoured. The Committee found
that policies had been formulated and altered to suit the needs of a few
G powerful individuals and that coteries had been formed around them
which had polarized and compromised independent leadership. The
Committee regretfully found that those who had no such agendas had
remained quiet, their silence emboldening further malfeasance. It found
that cricket players, who are sport's biggest drivers, had also not been
H spared from the apathy of the BCCJ as they were treated less like assets
BOARD OF CONTROL FOR CRICKET v. CRICKET 627
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
and more like employees and subordinates of those governing the game. A
The Committee found that the Indian Premier League (IPL) which was
a remunerative and glamourized component in India had unsavoury
interference at the highest echelons of cricket and the overlapping and
conflicting interests were not only condoned, but those in the management
of the Board had made ex-post facto amendments to facilitate the same. B
Having said that the Committee did not hesitate to recognise the hardwork
of BCCI staff members and match officials who had ensured that
hundreds of matches are organized annually at all levels and that updates
are provided to keep the BCCI fully informed. Charity matches for
national causes and humanitarian assistance is another area in which
BCCJ has been applauded by the Committee while stating that the C
Committee has consciously ensured that no measures are recommended
that would limit or interfere with the good work being done on behalf of
the BCCI. The report submitted by the Committee fmiher indicates
that while the Committee was still in the process ofhearing the concerned,
the newly elected President of the BCCI had even without waiting for D
the Committee's report adopted and projected the Committee's views
as his roadmap for improving the functioning of the BCCI. Some of
those measures like uploading of the Constitution and Bye Laws on the
BCCI website, creating a policy for avoidance of Conflict of interest
and appointment of Ombudsman had also been taken. The Committee,
however, found that although these steps were in the right direction, the E
same were neither comprehensive nor substantive. The need of the hour
observed the Committee was not of making cosmetic changes but those
that are fundamental for laying proper foundations on which the BCCI
could function in a professional and transparent manner bringing cricket
back to its pristine form and restoring the confidence of the cricketers
and lovers of the game alike. The Committee said: F
"At a time when the nations highest court has been compelled
to find that the game has fallen into disrepute, only
extraordinary steps will bring it back from this chasm. We
are conscious that some of our proposals may evoke varied
responses, but the collective conscience of this Committee is G
clear that tough measures are called for to restore Indian
cricket to its pinnacle of glory. Individual interest will have
to be sacrificed for the sake of the institution, and no exigency
of convenience or convention shall stand in the way ofa whole
scale structural overhaul. The current governance structure H
628 SUPREME COURT REPORTS [2016] 8 S.C.R.
A of the BCCI and its Member Associations is far from
satisfactory and it needs to be suitably restructured. Strict
terms and tenures have to be imposed on administrators,
oversight and audit of member associations need to be carried
out, professional management deserves to be introduced in
the administration of the game, all States require an equal
B
say in the affairs of the ECCL financial prudence has to be
exercised, independent views in Governance are imperative
and cricketers have to be protected and given a free hand in
cricketing affairs. There also ought to be an Ombudsman,
an Ethics Officer and an Electoral Officer who can provide
c institutional resolution while principles of transparency and
conflict of interest need to be infused without further delay.
The report that follows is the Committees effort to restore
Indian to its deserved status by putting in place good
governance structures and best practices. "
D 9. In 'Chapter One' of its rep01i, the Committee dealt with the
Structure and Constitution of BCCI, identified the problems that arise
from their current status and the need for reform in the same. For
clarity and better understanding of the solutions proposed by the
Committee we may gainfully extract Chapter One of the Report submitted
E by it.
"Chapter One: The Structure and Constitution
It was nearly 200 years after the British first brought
cricket to India that its governing body was created. At a
time of communal Gymkhanas and the occasional touring team
F from England, the princely families and other cricket patrons
came together to create the Board of Control for Cricket in
India, which was registered as a not-for-profit society in
Madras (now Chennai). The BCCI has grown from its original
composition of less than half a dozen provincial members to
G have five times that number representing various groups and
territorial divisions.
The Structure
The BCCI at the moment consists of 30 Full Members
some of whom do not field teams, while others do not represent
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 629
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
any territory. Twenty States and one Union Territory are A
included and ten States and six Union Territories remain either
excluded or disenfranchised. In addition, officially there are
Associate and Affiliate Members as well as so-called Future
Members.
The Services Sports Control Board, the Railways Sport B
Promotion Board and All India Universities represent
particular national service groups, who traditionally
constituted the largest employers of Indian sportsmen before
the advent of liberal private enterprise. Apart from these,
two Clubs - the Cricket Club of India at Mumbai and the
National Cricket Club at Kolkata also enjoy full membership C
of the BCCl
Problems
An examination of the existing structure revealed the
following anomalies: D
a. Not all States are represented on the BCCI
One old State (Bihar) and two new states (Chhattisgarh and
Uttarakhand) and six North-Eastern States (Sikkim, Manipur,
Meghalaya, Nagaland, Arunachal Pradesh and Mizoram) are
unrepresented on the Board. Of course, the most significant E
omission was Bihar, which, being the third most populous State
in the nation required the cricket representatives of its 100
million populace to migrate to other States to ply their trade.
Apart from Tripura, the other six sister-States of the north-
east had been relegated to various categories of membership F
(Associate, Affiliate and Future) which really have no voice
on the Board.
b. Some States are over-represented
Mainly attributable to their historic legacy, both Maharashtra
and Gujarat have 3 Full Members, each representing parts G
of their respective States. Maharashtra therefore exercises
votes through the Associations of Mumbai, Vidarbha and
Maharashtra while Gujarat fields the Associations of Baroda,
Gu;arat and Saurashtra.
H
630 SUPREME COURT REPORTS [2016] 8 S.C.R.
A c. Some members do not represent territories
The Services Sports Control Board, the Railways Sport
Promotion Board and All India Universities show that
territorial divisions were not the consistent criteria to
determine membership of the ECCi. However, these members
B were represented by teams that played competitive cricket.
d. Some members neither plav matches nor represent
territories
Both the National Cricket Club (NCC) at Kolkata and the
Cricket Club of India (CCI) at Mumbai were more in the
c nature of recreation clubs which neither fielded teams for
tournaments nor had a geographical basis for being Full
Members of the BCCI. In fact, by virtue of CCI being granted
full membership, Maharashtra has garnered as many as four
out of the total 30 votes on the Board.
D e. Union Territories are unrepresented on the Board
Except for Delhi which enjoys a special position under the
Constitution as well, none of the other six Union Territories
are Full Members of the BCCI. In fact, there have been
repeated representations by the Cricket Association of
E Pondicherry that just as Delhi, it is also a Union Territory
with a Chief Minister and ought to be made a Full Membe1:
This issue is sub Judice before the Madras High Court but
nonetheless, there seems that some artificial distinction exists
in the extant rules between Delhi and Puducherry.
F f. Ad-hoc creation of Membership categories
The Regulations of the ECCi only speak of three categories
of members - Full, Associate and Affiliate. However, we find
that there is a list of six "Future Members", a category that
does not have a legal basis. This consists of Uttarakhand,
G Mizoram, Telangana, Chandigarh, Puducherry and Andaman
& Nicobar. Such a classification seems a half-way house
with no real purpose except to give the association an illusion
that it will be promoted at some vague point in the future.
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 631
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
g. Arbitrary addition and removal of associations A
For reasons best known to the BCCI, despite being a Full·
Member, the Rajasthan Cricket Association has been treated
as disenfranchised, resulting in the players of the State being
forced to move els.ewhere to compete. The non-addition of
the Bihar Cricket Association or an equivalent has also led B
to such a denial to the players from Bihar.
'
Solutions
Almost universally, apart from those who represented
the associations in Gujarat and Maharashtra, the prevalent
view was that that the State is a fair unit of representation on C
the BCCI. On a consideration ofthe entire issue, the Committee
is of the view that it is not proper for only one or two States to
have multiple members when all other States have single
memberships (in fact, while many States have no
representation). Democratic norms require each State should D
have equal representation, and therefore the Committee
proposes the policy of 'One State - One Member - One Vote'.
In fact, this is the policy followed by other national sports -
associations (/HF & A/FF), each of whose members have an
equal vote regardless of size or population. Even at the
international level (IOC & FIFA), this is the position. Cricket E
ought to be no different.
It was however also stated that as far as disbursement
of funds by BCCI for cricket development, it need not be
uniform, but can depend on the need, infrastructure and other
relevant criteria, formalized as a clear and equitable policy F
to incentivize Members to develop the sport.
In keeping with the above principle, and
notwithstanding any sense of sentiment, there would also be
no place for multiple associations from a single State. The
Committee is of the view that it be left to the BCCI to decide G
which of the 3 associations from Gujarat and Maharashtra
would be taken to represent the entire State, and the remaining
2 associations from each State would become Associate
H
632 SUPREME COURT REPORTS [2016) 8 S.C.R.
A Members, who would however continue to field teams for
competitions as they have done in the past. Equally, in States
where there are disputes concerning the appropriate
governing body [Jammu & Kashmir, Bihar, Rajasthan, etc.],
it is best left to the BCCI or the Court (as may be the case), to
decide which association would represent the State.
B
As the Services, Railways and Universities have hitherto
enjoyed Full Member rights although they do not represent a
particular State, the Committee recommends that they be
accorded the Status of Associate Member so that their views
may still be considered while they will not have voting rights.
c The same principle would apply to the Clubs (CCI and NCC),
which do not field cricket teams and have no cause to be
treated as Full Members.
Those existing Members who are affected by the
changes suggested by the Committee must appreciate that the
D changes are being suggested in the interest of the game as a
whole and also having regard to BCCI's role as a national
body to promote and control cricket in India. Governance of
cricket being the central theme, the. changes in membership
in the BCCI are inevitable and must be seen by all concerned
E in the right spirit offair representation and for the betterment
of cricket administration.
While there are seven Union Territories, it was found
that only Delhi and Puducherry have a Chief Minister and
are treated as substantially independent governing entities.
F At first glance, there seems no rationale for a distinction
between the two, but what cannot be denied is the fact that
Delhi, apart from being the national capital, is also a major
Test Centre with an international stadium and has nearly 20
times the population of Puducherry. There may thus be some
merit for Puducherry not immediately being included as a
G Full Member, especially when the issue is sub Judice. Among
the Union Territories, it would huwever be appropriate for
Puducherry to be now inducted by the BCCI as an Associate
Member which will retain rights to field a team and compete.
The consequence of the above realignments would also
H have an effect on how the Zones are constituted. The Zones
BOARD OF CONTROL FOR CRICKET v. CRICKET 633
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
would consist of Members in such a manner that each of them A
would be reasonably balanced as far as competition for the
various zonal tournaments is concerned. However, this
reconstitution is best left to the BCCI for the purposes of
convenience and competition. It is also left to the discretion
of the BCCI whether the Union Territories would field B
individual or combined teams for tournaments and whether,
for the purposes of expediency and convenience, the teams
representing the States of the North-East be combined as well.
The categories of Affiliate and Future Members are
therefore to be removed, and only Full Members and Associate
Members will remain, the former with voting rights and the c
latter without. The 4 associations from the States of
Maharashtra and Gujarat which would be relegated to the
category of Associate Members shall, however, continue to
receive grants for cricket development, as may be assessed
by the BCCI depending on infrastructure and relevant criteria. D
They will also field teams in the domestic tournaments and
host international matches.
It is imperative that all players across the country have
opportunities to represent their States and Zones and then
the national team. To punish the innocent residents and E
players of a State for the real or perceived shortcoming of
the Member Association is illogical and unacceptable. Even
if an alternate Association is not readily available, BCCI
should function as the parens patriae of Indian cricket and
continue to provide equal and alternate avenues for that
particular State. The Model Memorandum of Association and F
Rules & Regulations of BCCI are at ANNEXURE-A"
10. Jn Annexure-A to the repo1t, the Committee has proposed
Model Memorandum of Association and Rules & Regulations of the
BCCI which not only sets out the objects and purposes of the BCCI
with commendable clarity but also the Rules and Regulations governing G
its affairs. It is noteworthy that neither the BCCI nor the interveners
have found fault with the revised Memorandum of Association as
proposed by the Committee. What has come under attack both from the
BCCI and the intervenors, aggrieved of the recommendations are the
Rules and Regulations proposed by the Committee. H
634 SUPREME COURT REPORTS [2016] 8 S.C.R.
A 11. Rule 3 of the proposed Rules and Regulations which deals
with Membership and Jurisdiction of Members, inter alia, provides
that Membership of the Board shall be confined to Full Members and
Associate Members. It further provides that each State shall be
represented by a State Cricket Association duly recognized by the BCCI
and that such associations shall be Full Members. No State shall have
B
more than one Full Member according to Rule 3 of the proposed Rules.
Rule 3-B enumerates 30 States in the country including Delhi and Goa
as Full Members of the BCCI. Rule 3-C provides for recognition of only
one Member out of multiple Existing Members for a State whileproposing
to convert the remaining as Associate Members. Rule 3-C reads as
c under:
"3-C. In states with multiple Existing Members, the BCCJ shall
recognize one of them to represent the State, while the
remaining shall become Associate Members. "
12. Equally important is the Rule 3(b)(I) which enumerates grounds
D for sanction and de-recognition of a Full Member and reads as under:
"3 (b) Grounds for sanction and derecognition of a Full
Member
(1) No Member shall be entitled to any grant from the BCCI if
E its Constitution fails to provide for, or comply with the following
within One year after the Effective Date:
(i) The Association shall not have any provision for any post
to be held for more than 9 years.
(ii) The governing body of the Association shall include
F
representatives of players and women, and a nominee of the
Accountant General of the State.
(iii) The Association shall grant automatic membership to
former international players hailing from the State.
G (iv) The Association shall not have proxy voting.
(v) There shall be a provision whereby the Office Bearers of
the Association stand disqualified under any of the grounds
laid down in Rule 14(3) below.
(vi) The Association shall appoint an Electoral Officer, an
H Ethics Officer and an Ombudsman.
BOARD OF CONTROL FOR CRICKET v. CRICKET 635
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
(vii) The Association shall abide by the principles of A
Transparency laid down in Chapter 8 of these Rules. "
13. Rule 4 stip_u!ates that each Full Member shall have one vote to
be exercised through its authorized representative and that an Associate
Member shall be entitled to participate in the General Body Meetings
but shall not be entitled either to vote or have its representative elected B
to the Apex Council. ·
14. In terms of Rule 3(b)(I)(v) (supra), a person shall be
disqualified to be an Office Bearer of any association on the grounds set
out under Rule 14(3) which reads as under:
"14. THE APEX COUNCIL c
(3) A person shall be disqualified from being a Councill<Jr 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 a government servant [except for the
nominee under Rule 14(2)(c)];
(e) Holds any office or post in a sports or athletic association
or federation apart from cricket; E
(j) Has been· an Office Bearer of the BCCI for a cumulative
period of 9 years; "
15. In Chapter Two of the Report the Committee has examined
the composition of the office bearers of the BCCI and held that those at
F
the helm of the game come from a mixed milieu - some are patrons
seeking to promote the sport, while others seek to promote themselves,
with no particular attention being paid to cricket itself. The Committee
takes the view that cricket, with its popularity and its finances ought to
be run professionally. Towards that end, the Committee considers it
imperative that a strong governance structure is put in place, which will G
be at arm's length from the actual day-to-day management of the
Associations and the game. The Committee has recorded a finding that
with an individual-centric constitution the reins of cricket's richest and
arguably most powerful national body remains mired in controversy and
seems to have strayed from its chosen path.
H
636 SUPREME COURT REPORTS [2016] 8 S.C.R.
A 16. The Committee takes the.. view that BCCI finds it difficult to
control and manage the IPL and its most successful venture threatens
its existence in its present form. There seems to be no collective interest
in the game being promoted and cricket stands without a custodian for
its protection and propagation in its most passionately followed nation.
B 17. The Committee then identifies the problems under different
headings and suggests solutions for the same in the following words:
a. Concentration· of power
From overall superintendence of the Board and its affairs to
taking action against players and even appr, <ing the
c composition of the team chosen by the Selectors, the President
is all-powerful. In practice, this power was even abused with
the exercise of veto over the changes in captaincy and
selection of ICC representatives. Incumbents were also known
to turn a blind eye when issues of corruption and
mismanagement were brought to their notice, even going as
D
far as permitting retrospective amendments to the bye-laws to
favour particular interests.
b. Lack of competence
The running of an organisation like the BCCI requires a clear
functioning structure with well defined ideas to be executed.
E The present Working Committee of the BCCI consisting of the
various office bearers elected by the BCCI and other
representatives of the Members do not have any managerial
expertise and requisite experience to run BCCI in a
professional manner. Specialists and professionals are usually
F engaged in an ad-hoc manner without any terms and tenures
as would be expected with any billion dollar entity.
c. Overlap of diverse functions
To borrow an analogy from political governance, it is
necessary that the making of laws and regulations (legislative
G functions) are divorced from implementation thereof (executive
functions) and those that review their validity or
implementation (judicial functions). As far as the BCCI is
concerned, the Working. Committee not only lays down the
relevant rules, regulations C!nd bye-laws that govern the BCCI,
but also oversee their implementation and takes final decisions
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 637
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
when a Member or third party challenges either the rule or A
the manner of its implementation. These overlaps provide for
extremely complicated and messy functioning.
d. Zonal considerations
There seems to be no rational basis for the Presidency to be
rotated as per Zones, which has the effect oj forsaking merit. B
A person who has the support of as few as two or three
members in his Zone may end up as the President, if it is the
turn of that Zone for election of President. Recent amendments
to the rules have permitted individuals who are not even from
the zone in question to be nominated to the post. For the same
reason, the Vice-Presidents who are elected from each of the C
five zones seem to be merely ornamental without any specific
functions.
e. No representation to players
It is only by accident that players are elected to the Working
Committee of the ECCL Their views are, more often than not, D
ignored, and the lack of an assured position at the governance
table leaves the players gravely hamstrung. With arbitrary
contracts and salaries that are dwarfed by those playing for
franchises, it is full credit to the national players that they
continue with enthusiasm and patriotic fervour to do their E
best for the country when they have no say in the affairs of
the very body towards which they are the primary contributors.
f. No representation to women
The BCCI has never seen a woman in the Working Committee,
and for a body that runs the sport in the country, the BCCI F
ought to have bestowed greater attention to the women :S game.
Australia, New Zealand, England and even Pakistan are seen
to regularly play the women :S game with only governance
apathy responsible for the Indian womens team playing few
and far between in all forms of the game. Greater support
and-promotion is required so that youngsters may also be G
attracted to it.
g. No independent voice
The BCCI has not embraced the modern principles of open
governance, which is all the more necessary when discharging
such far reaching ·public functions. The Working Committee H
638 SUPREME COURT REPORTS [2016] 8 S.C.R.
A consists entirely of representatives of the Full Members,
thereby making it :S functioning a closed-door affair with no
representation of players or audit experts to act as checks on
governance.
h. Unlimited terms and tenures
B Many individuals occupy various posts in the BCCI for
multiple terms and on multiple occasions, without any ceiling
limit. There has even been an instance of a former President
later becoming the Treasurer.
i. No disqualifications
c There appears to be no ground on which an office bearer
has to demit office. No principles of conflict of interest, of
age, of conviction by a criminal court or of holding an office
under the Government has been laid down to disqualify an
office bearer.
Solutions
D
The governance of the BCCI must be decentralised. No
individual is more important than the institution, and so all
crucial powers and functions hitherto bestowed exclusively
on the President will have to be divided across the governing
body, which is to be known as the Apex Council (with a special
E and separate governing body for IPL, known as IPL
Governing Council) .
.The issue of competence regarding those managing the game
has to be addressed by bringing in professional managers
and area experts, a the111e which is discussed in detail in
F Chapter three.
As the zonal rotation policy is without any rational basis,
and as it has been decided to keep the State as the unit to
beco111e a Full Member. it is consistent to have a president
who is elected from among the Full Me111bers, so that the best
G and most competent person is selected. The provision for five
Vice-Presidents is detri111ental to efficiency and efficacy and
so only one Vice-President shall be elected to the Apex Council
in the same manner as the Secretary, Joint Secretary and
Treasurer.
The Apex Council should have a fair mix of elected
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 639
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
representatives and independent members. It is recommended A
that it shall be a nine-member body. The five elected Office
Bearers of BCCI (President, Vice-President, Secretary, Joint
Secretary and Treasurer) shqll be the members -of the Apex
Council. In addition, the Apex Council shall have four other
'Councillors' - two (one male, one female) to be nominated B
by the Players' Association which is to be formed, one to be
elected by the Full Members of BCCifrom amongst themselves
and one to be nominated by the Comptroller & Auditor
General of India. These measures address the following
concerns:
a. Transparency is brought in, and independent voices are C
heard in the governance of the BCCI for the first time;
b. The public are the primary stakeholders in the game while
its players form its very core. Their involvement through these
representatives is most deserving and long awaited
c. As women are nearly half the population of the country, D
the anomalous fact that they do not have a voice in the
governance of the sport that has a 'billion hearts' beating
for it is now rectified.
d. The nominee of the C&AG also brings financial and audit
experience which would bring in much required oversight into E
monitoring the finances of the BCCl
e. It continues to ensure a strong say for the Full Members,
as it provides that two-thirds' strength on the Council is made
up of their representatives.
In order to ensure that the posts are not treated as F
permanent positions of power, each term should be for three
years. The total period for which a person can be a member
of the Apex Council shall be nine years regardless of the
capacity in which suci? position was or is occupied. However,
in order to ensure that there is an appropriate cooling-off
period, no person shall be a member of the Apex Council for G
two consecutive terms. Any elected Councillor shall stand
automatically disqualified after nine years as an office bearer,
and shall also be disqualified from contesting or holding the
post if he has completed the age of 70 years, is charged under
the penal law, is declared to be of unsound mind, is a Minister H
640 SUPREME COURT REPORTS [2016] 8 S.C.R.
A or government servant or holds any post of another sports
body in the country. Any nominated Councillor however.
would not have more than one term in office. The endeavour
in this regard is to filter those who are able and enthusiastic
to govern the game that is the national passion.
D 18. In Chapter three of its report the Committee has examined
BCCJ's need for reform in its cricketing and non cricketing management
with the help offull time professionals with established skill-sets reporting
systems, high-level IT solutions etc. The Committee has recommended.
that non-cricketing management ought to be handled by professional
managers headed by a Ch iefExecutive Officer at the top. Pure cricketing
c matters like selection, coaching and performance evaluation could
however be left exclusively to ex players who have greater domain
knowledge. Jn so far as umpiring is concerned the same could be handled
exclusively by umpires. The Committee has with that objective
recommended the following structure in place of the current management
D which is ill equipped to deal with issues of cricketing and non-cricketing
management, thereby, adversely affecting its performance. The flow
chart of the Management structure recommended by the Committee is
as under:
E 2r~~~~MN
it
dt% ,_,,._, j·Cit*~
>:'~"'!
[6';,;'td
~
F
G
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 64 I
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
19. The Committee has out of the existing Committees A
recommended the continuance of two standing Committees namely; (I)
Senior Tournaments Committee and the (2) Tours, Fixtures and Technical
Committee for the purpose of providing guidance and advice to the CEO
and his Managers.
20. In Chapter four of the report the Committee has discussed B
matters relating to Indian Premier League and recommended that the
franchisee companies who are responsible for fostering competition and
making revenues deserve to be given a role in the governance of the
IPL. The Committee has opined that the IPL Governing Council needs
to be reconstituted with more autonomy, comprising not only
representatives of the Full Members, but also of Franchisees, Players C
and an independent auditor. In addition the Committee has recommended
that the Committee I Commission to be appointed under the IPL
Regulations (Anti Corruption Code, Code of Conduct, Operational Rules,
etc.) ought to consist of members selected by a panel of the Ombudsman,
the Ethics Officer and the CEO which shall be presided over by the D
Ombudsman thereby ensuring independence from the BCCI.
2 I. Chapter five of the report recommends two initiatives viz. (i)
An Association of Players and (ii) a strict set of procedures to govern
players' Agents. The Committee notes that while almost all Test playing
nations have a Players' Association, there has been some reluctance on E
the part of the BCCI to initiate such a move, ostensibly due to the
apprehension of unionisation. Similarly, both England and Australia have
agents' accreditation systems in place to ensure that only those
professionals who qualify through a rigorous knowledge and ethics
selection process alone represent the players. These systems are
administered by the National Board in conjunction with the respective F
Players' Associations. The Committee accordingly recommends setting
up of a Players' Association with a Steering Committee comprising four
persons named in the Report. It has also proposed norms for agent's
registration to be administered by BCCI in consultation with the Cricket
Players' Association. G
22. In Chapter six the Committee deals with Conflict of Interest
and Issues Central to the Regulation of Ethical Conduct in sport. The
Committee has spelt out specific types of Conflict oflnterest, and applied
them to individuals employed with, or connected to the BCCI with the
recommendation that every Office Bearer, Player, Councillor, Employee, H
642 SUPREME COURT REPORTS [2016) 8 S.C.R.
A Administrator, Team Official, Umpire or other person connected to the
BCCI, its Members or the IPL and its Franchisees is mandated to avoid
any act or omission which is, or is perceived to be, likely to bring the
interest of the individual in conflict with the interest of the game of cricket.
23. In Chapter Seven, the Committee has dealt with need for
B Ombudsman, Ethics and Electoral Officer. The Committee notes that
several disputes that exist within the BCCI are born out of years of
apathy in governance and gross mismanagement. The Committee has
found that the relationship between the Associations, on the one hand,
and the BCCI, on the other, has rarely been equitable and balanced, with
the latter exercising its hegemony over the former. The Committee has
c therefore recommended moderation of such relationship in an objective
manner. The Committee has referred to the problems of disgruntlement
and litigation in the States of Bihar, Rajasthan, Delhi and Jammu and
Kashmir. The Committee has found that absence of suitable dispute
resolution mechanism has compounded the situation. Even the arbitration
D system that has hitherto existed has been found to be insufficient and
palpably inappropriate when two unequals are pitted against each other,
especially with the State associations remaining beholden to the Board
for matches, grants and revenues. In order to reduce the judicial role
and the burdening of the courts and to expedite dispute resolution, the
Committee has recommended the appointment ofa retired Judge of the
E Supreme Court or a former Chief Justice of a High Court as the
Ombudsman of the BCCI, to be appointed once a year at the Annual
General Meeting to investigate any complaint received by him/her or
suo motu and to resolve any dispute between the Board and any of the
above entities or among themselves by following the principles of natural
F justice, production of evidence and fair hearing. So also the Committee
has recommended an Ethics Officer for monitoring adherence to the
principles governing avoidance of Conflict oflnterest. The Committee
has recommended that Ethics Officer shall have powers inter alia of
laying down of additional guidelines or bye-laws on ethics, initiation of
investigation or adjudicatory proceedings and the award of warnings,
G fines, reprimands, suspensions or other action as may be recommended
to the BCCI. According to the recommendation all non-IPL ethics issues
shall be administered and adjudicated by the Ethics Officer who shall be
a former Judge of the High Court to be appointed by the Board.
Recommendation for appointment of an Electoral Officer for conducting
H elections of the Committee under the Rules has also been made by the
BOARD OF CONTROL FOR CRICKET v. CRICKET 643
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
Committee. The Committee has recommended that in order to ensure A
competence and to distance the entity from any suspicion or bias, a
former Election Commissioner for India could be appointed as the
Electoral Officer for the BCCI, whose decision on any subject relating
to elections shall be final and conclusive.
24. In Chapter eight of the report, the Committee has dealt with B
issues touching transparency and oversight and has noted that BCCI in
its website did not carry the existing constitution or the bye-laws of
BCCI. The Committee has taken cognizance of complaints of many
stakeholders that very little of the functioning of the BCCI is done in a
fair and transparent manner and that those who seek greater information C
are either rebuffed by the Board or won over by enticements. The
Committee has observed that those whose professional livelihood depends
on cricket acknowledge the BCCI's total sway over the sport, and choose
to remain silent rather than upset the apple cart. The Committee, therefore,
recommends that players and the public, ought to have access to all
rules and regulations, codes and instructions of the BCCI in English and D
Hindi and that the same should be uploaded on the official website of the
BCCI. The Committee further notices that the commercial angle has
overtaken the enjoyment of the sport, with advertisements continuing
many a times even after the first ball and again commencing even after
the last ball is played thereby interrupting the full and proper broadcast
of the game. Regardless of the wicket that has fallen, century having E
been hit or other momentous event, full liberty is given by BCCI to the
broadcasters to maximize their income by cutting away to commercial,
thereby robbing the sport of its most attractive attribute-emotion. The
Committee, therefore, recommends that all existing contracts for
international test and one-day matches be revised and new ones to ensure F
that only breaks taken by both teams for drinks, lunch and tea will permit
the broadcast to be interrupted with advertisements as is the practice
internationally. The Committee has, further, recommended that the entire
space of the screen during the broadcast will be dedicated to the display
of the game, save for a small sponsor logo or sign.
G
25. The Committee has further found that there is need for better
financial management and expenses or professional services. Keeping
in mind that BCCI is not for profit, the Committee recommends that
resources must be used for the development of the game and financial
prudence must be exercised to avoid any unnecessary expenditure.
H
644 SUPREME COURT REPORTS (2016] 8 S.C.R.
A 26. The Committee also records a finding that there are no standard
norms, objectives and criteria for selection and empanelment of
professionals in the field of law, audit, etc. Similarly infrastructure
contracts, media engagements, television rights and supply of equipments
are not regulated by any norms or procedures to ensure a fair and
transparent selection and engagement of the contractors and service
B
providers. The Committee, therefore, recommends that clear principles
of transparency need to be laid down and that all rules, regulations and
office orders of the BCCI, the Constitution of the various committees,
their resolutions, their expenditures on the various heads, the reports of
the Ombudsman, Auditor, Electoral Officer, Ethics Officer and the annual
c reports and balance sheet be uploaded on the BCCI Website.
2 7. The Committee further recommends that norms and
.procedures ought to be laid down for the engagement of service
professionals and contractors, and full transparency of all tenders floated
and bid invited by or on behalf of the BCCl will also be maintained. The
D Website shall also have links to the various stadia with seating capacities
and transparent direct ticketing facilities.
28. The Committee has opined that people of the country have a
right to know the details about the functions of the BCCI and its activities
and recommends to the legislature to bring BCCI within the purview of
E the RTI Act as a public authority.
29. More importantly, the Committee has recommended that the
auditors engaged by the BCCI should be tasked to not only undertake a
financial analysis but also a performance audit (Compliance Report) to
determine whether State associations have actually expended their grants·
F towards the development of the game and mark them on a report card
which may be utilized to determine the financial support they deserve
the following year. This oversight also needs to be considered in the
opinion of the Committee because of the high and unreasonable
expenditure incurred by the Board under various heads which deserves
to be limited and streamlined.
G
30. In Chapter Nine of the Report, the Committee has dealt with
the menace of match fixing and betting. The Committee has noted that
there is a fundamental difference between betting and match/ spot fixing.
While the latter interferes with the integrity of the game and attempts to
change the course of the match, the former is a general malaise indulged
H by different sections of the society not only with reference to cricket but
BOARD OF CONTROL FOR CRICKET v. CRICKET 645
ASSOCIATION OF BIHAR [T. S. THAKUR, CJ!]
other games also. The Committee considers the match/ spot-fixing as A
unpardonable and opines that the only way to deaL with the same
effectively is to make it punishable by law. The Committee in that regard
recommends appropriate amendment by the legislature.
31. As regards betting, the Committee has on the basis of responses
and opinions tendered before it, recommended to the legislature to make B
the same legal with certain safeguards enlisted in the report. While
saying so, the Committee has taken the view that betting by Administrators,
Players, Match Officials, Team Officials, Owners, etc., should continue
to be an offence under the BCCI and IPL Rules and Regulations. The
Committee has made certain recommendations to fulfill the need to
educate and sensitize young players and debutants about the game ethics
c
and the need to inculcate discipline and integrity among players. It has
additionally suggested certain measures like preparing Cricketers
Handbook for young players, arranging lectures and interactions with
cricket players and sport persons of unimpeachable integrity with regard
to game ethics and also setting up of Integrity Unit consisting of former D
cricket players of repute, committed to the cause of cricket, to act as
mentors for the young players.
32. The Committee has in addition recommended preparation of a
database of undesirable elements (bookies, fixers, etc.,) to be shared
with the players and team officials. It has also emphasized the need for E
verifying and ascertaining whether the person controlling the prospective
franchisee has any criminal antecedents.
33. In Chapter Ten of the Report the Committee identifies several
other problem areas that call for reform. These problems have been
identified and elaborated under the headings 'Membership and Privileges, F
Posts and Tenures, Voting, Compliance, Expenditure and Infrastructure,
Lack of Professionalism, Dual Posts, Interference in Selection and
Transparency. The Committee has, after an elaborate discussion under
each one of the above headings, proposed solutions to the same in the
following words:
G
"Solutions
There was a consistent view among respondents to the queries
that many of the ills befalling Indian cricket find their roots
in the State Associations and their lack of administration. The .
root cause for the problem is that the BCCI is making H
646 SUPREME COURT REPORTS [2016) 8 S.C.R.
\
A substantial annual grants regarding which there is no
oversight, and so the status quo remained as it was, with little
effort by the provincial administrators.
Therefore, it is necessary that there is uniformity in the
constitution and functioning of the various associations
B (without any office being created for life), that membership
of social clubs be divorced from the administration of cricket
which is a sombre task, that cricketers be made members and
have a say in governance and that management be made
professional. The State Associations must also create avenues
to generate revenue, improve inji·astructure and develop the
c sport, all of which will be marked through a detailed report
card. There also has to be an audit and independent oversight
of how resources are allocated and spent. It is necessary that
all State Associations immediately transition to the use of
tamper-proof accounting software which either does not
D permit alterations or which records all alterations made.
The conflicts that arise by holding office both at the BCCI
and in the State Associations ought to be brought to an end
by automatic vacation of post at the local level when elected
to the BCCI. Also, certain disqualifications have to be laid
E down that apply to those who seek office in the State
Associations, along with limits on their tenures and terms.
Corrective measures are to be brought into place so that
professional managers will interface with the State
Governments and attempt to rectify any prevailing shortfalls
or drawbacks as far as infrastructure and permissions are
F concerned.
The electoral process will have to be transparent and
independent, for which an Electoral Officer (a retired Central
or respective State Election Commissioner) will have be
appointed. In the event that no such person is available, any
G other former State Election Commissioner, preferably from a
neighbouring State may be appointed. This officer would
conduct and supervise the entire process of elections from
the filing of nominations to the declaration of results and the
resolution of any disputes and objections during the election.
H It is also necessary to have an independent selection committee
BOARD OF CONTROL FOR CRICKET v. CRICKET 64 7
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
in which the Governing body of the State Association will A
have no say, and also for the cricket committees manned only
by former players to have an independent say on coaching
and evaluation of team performance, apart from the selection
of players.
The policies of BCCI regarding dispute resolution and Conflict B
of Interest, as well as the norms for Agents' Registration will
have to apply to the State Associations as well. In order to
administer this, the associations may also appoint an
Ombudsman-cum-Ethics Officer. It would be open to multiple
States to have a single Ombudsman I Ethics Officer so as to C
reduce expenditure. The person so appointed shall be an
eminent person well versed in adjudicatory processes and it
will be his/her task to decide all disputes between the
Association and any of its constituents (Districts, Clubs, etc.),
or between the constituents, or complaints of any player or
member of the public, by following the principles of natural D
;ustice before rendering a decision.
As Ethics Officer, it shall be his duty to administer the
principles of Conflict of Interest and recommend such action
as may be deemed fit as far as an Office Bearer, Employee,
Player, Team Official or other individual connected to the E
State Association is concerned. Needless to say, if it is an
issue that concerns the BCCI as well, the Ethics Officer of
the BCCI shall proceed to decide the issue. The Ethics Officer
shall also decide all issues concerning the violation of the
Agents' Registration norms as far as players of the State are
concerned. F
Each State Association will necessarily have a website that
carries the following minimum details:
a. The Constitution, Memorandum of Association and Rules
& Regulations, Bye-Laws and Office Orders and directions G
that govern the functioning of the Association, its Committees,
the Ombudsman and the Ethics Officer.
b. The list of Members of the Association as well as those
who are defaulters.
c. The annual accounts & audited balance sheets and head- H
648 SUPREME COURT REPORTS [2016] 8 S.C .R.
A wise income and expenditure details.
d. Details of male, female and differently abled players
representing the State at all age groups with their names, ages
and detailed playing statistics.
e. Advertisements and invitations for tenders when the
B Association is seeking supply of any goods or services
(exceeding a minimum prescribed value), or notices regarding
recruitment, as also the detailed process for awarding such
contracts or making such recruitments.
f Details of all goals and milestones for developing cricket
c in the State along with timelines and the measures undertaken
to achieve each of them.
g. Details of all office bearers and other managerial staff
(including CEO, COO, CFO, etc.)
D h. Details of directives from the BCCI and their compliances.
These websites will have to be maintained and updated at
least on a quarterly basis. All the above information will have
to be maintained at the registered office ofthe State Association
and when sought, the same shall be shared with the applicant
on the payment of a reasonable fee, as may be prescribed by
E
the Association.
The cost of construction of a stadium runs into hundreds of
crores. On the other hand, formation of a cricket playing
ground costs a small fraction of the cost of a stadium. It makes
more sense to have cricket playing grounds in each District,
F
rather than having one 01· two stadia in a State. In fact, the
Committee learns that some members are merely collecting the
grants from BCCI and depositing them in a Bank so as to
accumulate sufficient funds necessary for taking up
construction of a stadium. The result is some smaller States
G have neither a stadium nor well developed cricket playing
grounds. BCCI should therefore encourage the State
Associations to:
a. Have as many cricket playing grounds and fields instead
of multiple stadia, which will enable greater usage and access
H to greater number of players.
BOARD OF CONTROL FOR CRICKET v. CRICKET 649
ASSOCIATION OF BIHAR [T. S. THAKUR, CJ!]
b. Convert existing grounds and fields into turf wickets so A
that international standard facilities are made available even
from a young age.
c. To make the existing stadia amenable to other sports by
providing for alternate surfaces to be laid (Astroturf for
hockey, Carpet for tennis, etc.) so that income may be B
generated and there would be all round development of sport,
care being taken not to damage the pitch. But they should
not be used for public functions where thousands will stomp
on the ground.
The above recommendations relating to State Associations C
(Full Members) will also be applicable to the 4 associations
relegated to the category of Associate Members and who are
entitled to disbursement of the grant from the BCCJ. "
34. The refonns recommended by the Committee have been finally
summed up under the heading "End of the Innings" in the following D
words:
"END OF THE INNINGS
If there has been one unifying factor in India, it has been
cricket. From C.K.Nayudu to Virat Kohli, the 32 captains of
India and the men they have led have been equally deified E
and vilified by the masses, for such is the ability of the game
to inflame passions. It is on behalf of these devotees of willow
and leather that this Committee submits this effort to edify the
BCCJ.
Jn an effort to present the recommendations made by the F
Committee in brief, the fo!!o .. i11g synopsis of our proposals
are set out:
1. Membership
'One State, One Vote'
G
Only cricket Associations representing the States would have
voting rights as Full Members of the Board, thereby ensuring
equality among the territorial divisions. Any other existing
members would be Associate Members.
2. Zones H
650 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Zones for Tournaments alone'
The Zones would be relevant only for the purpose of the
tournaments conducted amongst themselves, but not for
nomination to the governance of the Board or to the various
Standing Committees.
B 3. State Associations
'State Associations - Uniformity in Structure'
The Associations that are the Members would necessarily have
to restrict the tenures of office bearers and prescribe
c disqualifications, do away with proxy voting, provide
transparency in functioning, be open to scrutiny and audit
by the ECCi and include players in membership and
management. They would also have to abide by the conflict
of interest policy prescribed by the Board, and divorce the
Association from the social club, if any.
D
4. Office Bearer
'Limited Tenures & Cooling Off'
While all the existing office bearers (President, Vice-President,
Secretary, Treasurer and Joint Secretary) are retained in
E honorary positions, the number of Vice Presidents is pruned
from five to one. Their duties have been realigned. The
President is shorn of his say in selections. The additional vote
for the President at meetings is deleted. The terms of these
Office Bearers continue to be of 3 years, but with a maximum
of 3 such terms regardless of the post held, with a cooling off
F
period after each such term.
5. Governance
'Governance separated from management'
The 14 member Working Committee is replaced by a 9 member
G Apex Council (with one-third independent members) consisting
of the Office Bearers of the ECCL an elected representative
of the General Body, two representatives of the Players
Association (one man and one woman) and one 110111i11ee from
the C&AG s office. Terms of eligibility and disqualification
H are specified with a bar on Ministers and government servants.
BOARD OF CONTROL FOR CRICKET v. CRICKET 651
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
6. Management A
'Professionalism in management'
Professionalism is brought in by introducing a CEO with strong
credentials assisted by a team of managers to handle non-
cricketing affairs. The large number of Standing Committees
and Sub-Committees created by the BCCI has been reduced B
to two essential ones that would advice the CEO with reference
to tours, technical aspects and tournaments.
The selection, coaching, performance evaluation and
umpiring are to be handled by Cricket Committees manned
only by former professionals. Specific provisions have been c
made to encourage cricket for women and the differently-
a bled.
• 7. The IPL
'Limited Autonomy for IPL'
D
The Governing Council of the IPL is reduced to 9, but includes
2 representatives of the Franchisees and nominees of the
Players' Association and the C&AG s office.
8. Players
'A voice for Players' E
There shall be a Cricket Players' Association affording
membership to all international and most first class men and
women retired cricketers. This Association shall discharge
assigned fimctions with the financial support of the ECCL It
shall be brought into existence by an independent steering F
committee.
9. Agents
'Arms length for agents'
Players' interests are protected by ensuring that their Agents G
are registered under the prescribed norms administered by
the BCCI and the Players' Cricket Association.
10. Conflict of Interest
'Avoidance of conflicts'
H
652 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Detailed norms have been laid down to ensure there is no
direct or indirect, pecuniary or other conflict or appearance
thereof in the discharge of the functions of those persons
associated or employed by the BCCI, its Committees, its
Members or the IPL Franchisees. These norms shall be
administered by an Ethics Officer.
B
ll. The Ombudsman and the Electoral Officer
'Independent monitors'
Provision has been made to have an independent ombudsman
to resolve grievances of Members, Administrators, Players
c and even members of the public as per the procedures laid
down. Similarly, an independent Electoral Officer to oversee
the entire electoral process is also mandated.
I 2. Functioning
D 'Transparency'
The BCCI must provide the relevant information in discharge
of its public functions. All rules and regulations, norms, details
of meetings, expenditures, balance sheets, reports and orders
of authorities are to be uploaded on the website as well.
E I 3. Oversight
'Accozmtabil ity'
An independent auditor to verify how the Full Members have
expended the grants given to them by the BCCJ, to record
their targets and milestones, and to submit a separate
F compliance report in this regard.
14. Betting & Match-fixing
'Legalization for betting and Criminalization for match-fixing'
A recommendation is made to legalize betting (with strong
G safeguards), except for those covered by the BCCI and IPL
regulations. Also a recommendation for match/spot-fixing to
be made a criminal offence.
I 5. Ethics for Players
'Awareness and sensitization'
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 653
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
Provisions to be made for lectures, classes, handbooks and A
mentoring of young players.
The Committee fervently hopes that this report will bring cricket
fans back to the fold and put an end to regional excesses and
imbalances, reign by cliques, corruption and red tape, all of
which have harmed the game and the youngsters looking for B
nothing more than to take the field in flannels. "
35. In order to give the recommendations made by the Committee
a practical shape, suitable amendments to the Memorandum of
Association ofBCCI and the Rules and Regulations have been suggested
as Annexure 'A' to the Report. The Committee has, at the same time, c
proposed a code for the Cricket Players' Association which forms
Annexure 'B' to the Report, while Regulations for Registration of Players'
Agents have been set out at Annexure 'C' to the Report.
36. In response to the notice issued by this Court, the BCCI has
filed an affidavit sworn by Shri Anurag Singh Thakur, Honorary Secretary D
of the BCCI and currently President ofBCCI in which the BCCI claims
to have accepted and implemented several recommendations made by
the Committee. In Para 6 of the Affidavit the deponent has identified
the recommendations accepted by BCCI and the steps already taken by
it or those being taken for implementation, in the following words:
E
"6. Of the recommendations contained in the Report, BCCI
has accepted and has either implemented or is implementing
the following recommendations:
(a) Appointment of an Ombudsman: The BCCI has amended
its Rules and Regulations to provide for the appointment of F
an Ombudsman at every Annual General Meeting to deal with
complaints of conflicts of interest and any act of indiscipline
or misconduct or violation of any rules and regulations of
the BCCI by an administrator. Thus, the Ombudsman now
contemplated by the amended Rules and Regulations of the
BCCJ effectively combine the functions of the Ethics Officer G
and the Ombudsman within the scope of the Ombudsman :S
functions whilst omitting disputes between the BCCI and IPL
franchisees, which are covered by existing arbitration
agreements. The Hon 'hie Mr. Justice A.P. Shah, Former Chief
Justice of the Delhi High Court, has been appointed as the H
654 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Ombudsman and has taken cognizance of and disposed of
several complaints already.
(b) Avoidance of Conflict ofInterest: The BCCI has formulated
Rules on Conflict of Interest, pursuant to which several
persons have resigned from positions on account of conflict
B of interest. Any person can make a complaint to the
Ombudsman regarding conflict of interest. The Rules on
Conflict of Interest provide that every complaint shall be
decided within a period of 30 (Thirty) days from the receipt
of the complaint and the decision of the Ombudsman shall be
final and binding. A copy of the Rules on Conflict of Interest
c is annexed hereto and marked as ANNEXURE-A (pg. 61 to
QJl
(c) Availability of Rules and Regulations on BCCI Website:
All Rules and Regulations of the BCCJ, Annual Reports along
with the financial reports as well as details of all expenses
D above Rs.25 lakhs have been made available on the BCCI
website.
(d) Introduction of Professional Management: BCCI has
accepted the recommendation to professionalise its
management and introduce a two-tier structure. The BCCI
E presently has four General Managers viz. (1) Professor
Ratnakar Shetty (General Manager - Administration), who
has been associated with the administration of BCCI since
2003, first as the Executive Secretary and later as Chief
Administrative Officer; (2) Dr. M. V. Sridhar (General
F Manager - Cricket Operations), ll'ho is a former Indian
Cricketer and has served as the Hon. Secretary of the
Hyderabad Cricket Association; (3) Mr. Amrit Mathur
(General Manager - Communication and Coordination), who
is in charge of media and coordination with Government of
India (Sports Ministry, Home Ministry and External Affairs
G Ministry) and has been involved with the BCCI for over two
decades inter alia as media manager on a number of overseas
tours; and (4) M1: Dhiraj Malhotra (General Manager -
Events and Leagues), who has worked in organizing ICC World
events for over a decade and was also associated with
H organizing a number of sports leagues including Indian
BOARD OF CONTROL FOR CRICKET v. CRICKET 655
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
Premier League, etc. A head-hunting agency has already been A
appointed for the purpose of identifying candidates for
appointment as a CEO and a CFO.
(e) Li111ited Due Diligence of audited accounts of State
Associations for finding out how associations have utilized
the funds made available by Board to State Associations: BCCI B
Rules and Regulations have been amended to empower BCCI
to appoint an independent auditor to scrutinize the statements
of accounts of members with regard to payments made by
BCCI to such member and all further payments due to such
member shall be released after the receipt of diligence reports
by the BCCI. BCCI immediately engaged agencies like c
PricewaterhouseCoopers, Deloitte and Grant Thorton to carry
out due diligence of State Associations. As part of this
process, a financial due diligence exercise is currently
underway in respect of financial years ending 31-'' March
2014 and 31" March 2015. D
(j) Measures to prevent match-fixing/ spot fixing: Although
BCCJ has implemented the Anti Corruption Code since 2012,
the biggest obstacle that has been faced by ECCi in its
endeavour to prevent match-fixing/ spot-fixing has been the
absence powers to gather intelligence on the subject and/ or E
policing powers with the BCCH Anti Corruption Unit. For
this reason, the BCCI has requested the Government of
Maharashtra to establish a sports integrity intelligence
gathering unit under the joint aegis of the BCCI and
Maharashtra Police whilst offering to fund the costs of doing
so, if required. A copy of the letter dated 18'" Nove111ber 2015 F
addressed by the BCCJ to the Hon 'ble Chief Minister of
Maharashtra is annexed hereto and marked as
ANNEXURE - B (pg.64 to 65J
(g) Decentralisation of powers with the President: By virtue
of being the Chairman of the Annual General Meetings and G
Special General Meetings of the ECCL the President earlier
had an independent vote (in addition to a casting vote) at
General Meetings. Further, any dispute as to admission or
rejection of a vote at General Meetings was earlier decided
by the President. BCCJ Rules and Regulations have been H
656 SUPREME COURT REPORTS [2016] 8 S.C.R.
A amended to do away with the independent vote of the President
at General Meetings. Similarly, any dispute as to admission
or rejection of a vote at General Meetings will now be decided
by a simple majority.
37. Having said that, the affidavit questions the wisdom behind
B the one State one Vote principle evolved by the Committee and claims
that the membership structure of the BCCI is based on level of cricketing
activity, which according to it has a more rational nexus with the objects
ofBCCI than geographical limits of the States settled on linguistic basis
much after the BCCI was formed.
c 38. The BCCI asserts equal representation/ voting rights to each
State irrespective of the level of cricketing activity therein is likely to
result in a situation where States with little or no cricketing activity will
abuse their representation/voting rights. BCCI also pleads legal
impediments in disenfranchising and/or demoting existing Full Members
or depriving them of their vested rights while assuming that it will not
D induct any new member from the State which already has a member
and will induct only one full Member provided the requisite criteria is
satisfied. BCCI also expresses difficulties in recognizing one of the
three existing members in the States of Gujarat and Maharashtra as
representing the said States while converting the Membership of the
E other two as associate members.
39. BCCI argues that there is no criteria on the basis of which it
can decide as to which of the existing three members should be retained
as a full member. It is submitted that even assuming that the BCCI
decides to retain one of the three existing full members as a full member,
F jurisdiction of any such retained member will extend to the entire State
including the area over which the jurisdiction of the other two member
from that State extends. This would in-tum imply that apart from being
relegated as an associate member, the remaining full members from that
State will no longer be in-charge of cricketing activities, cricket teams,
stadia and players within their respective erstwhile jurisdictions. It would
G thereby disable them to field teams to participate in BCCI tournaments.
40. BCCI also apprehends that infrastructure available with the
three full members each from Maharashtra and Gujarat will be wasted
ifthe recommendation of the Committee is accepted. It is contended
that Regulations 6(A) and 6(8) ofBCCI's existing Rules and Regulations
H lay down the procedures and criteria for admitting any new members
BOARD OF CONTROL FOR CRICKET v. CRICKET 657
ASSOCIATION OF BIHAR [T. S. THAKUR, CJl]
based on levels of cricketing activity in their respective territories apart A
from provisions that provide for promotion of an Affiliate Member to an
Associate Member as well as for promotion of an Associate Member to
a Full Member to take care of the interests ofall concerned. This method
is in tune with the method followed by International Cricket Council (for
short, "the ICC") where a member has to reach a certain level in B
performance and infrastructure before it may be promoted to the next
level.
41. BCCI has also faulted the proposed reduction in advertisement
as the same will according to it have a crippling effect on the financial
health of the Board and adversely impact its ability to carry out its various C
programmes. Restricting advertisements only to drinks, lunch and tea
breaks will substantially de-value the broadcast rights and reduce the
income of the BCCI as broadcasters will in that case pay a only fraction
of the amount that they are now paying for the broadcast rights. The
affidavit traces the history of the growth of the activities of the BCCI
and corresponding growth in its finances. Induction of a nominee of the D
Comptroller and Auditor General oflndia (for short, "the CAG") on the
Management Committee/ Apex Council has also been stoutly opposed
by the BCCI. Relying upon Article 2.9 (B) of the Memorandum and
Articles of Association of the ICC it is urged that inclusion of nominee
of the CAG would tantamount to Government interference in the
administration of Cricket and would cal I for adverse action by the ICC E
against the BCCI. Objections are also taken to the proposed induction
of franchisee's representatives in IPL Governing Council. The BCCI
contend that there is a conflict of interest between representatives of
IPL Franchisees and the Governing Council as the later decides matters
such as player retention policy, posting of umpires for IPL matches, etc. F
So also a prohibition on re-appointment of Members of the Managing
Committee recommended by the Committee has been opposed by the
BCCI on the ground that there is no rationale for prohibiting any individual
from being associated with the management of the BCCI beyond nine
years particularly when there is an age cap of 70 years in the Report
that is simultaneously sought to be imposed. G
42. Prohibition ofAssociation of Ministers/ Government Servants/
Persons holding posts in another Sports Body in honorary capacity as
recommended by the Committee has also been opposed by the BCCI.
It is contended that the association of Government Servants and Ministers
H
658 SUPREME COURT REPORTS [2016] 8 S.C.R.
A has benefitted the BCCI immensely and that all such persons work in
purely honorary capacity. Travel, boarding and lodging costs of such
office bearers only are taken care of by the BCCI. BCCI has also
urged that the restriction on simultaneous holding of an office in a State
association and the BCCI is unreasonable as senior citizens also make
substantial contribution in sports as their counterparts in law, judiciary,
B
public life, Parliament etc. As regards Players Association and Board
representation, the BCCI has welcomed the suggestion of formation of
a Players' Association but opposed any funding by the BCCI as
recommended by the Committee. It has also not favored players'
representation in the Board on the ground that several players have in
C the past served as Office Bearers in the BCCI and State Association on
their own merit. Dissolution of existing Committees too has been opposed
by the BCCI. In conclusion, the affidavit filed on behalf of the BCCI
submits that while the report seems to have achieved a very laudable
objective the same is only recommendatory and ought not to be imposed
D on a society formed by private individuals who enjoy constitutional
protection under Article 19 of the Constitution oflndia. It has also raised
an issue that the Committee did not give a hearing to BCCI regarding
the proposed recommendations. Although a questionnaire was sent to
the office bearers of the BCCI including the honorary President, honorary
Secretary and the honorary Treasurer and even when the office bearers
E of the BCCI had appeared before the Committee to explain their view
points, the failure of the Committee to put the proposed recommendations
to the BCCl has, according to the BCCI, denied to them an opportunity
to represent against the same. The affidavit finally acknowledges that
BCCI has benefitted greatly from the report of the Lodha Committee
and that it is committed to implementing the same to ensure greater
F
professionalism, transparency and accountability keeping in mind the
underlying objective of betterment of cricket in India.
43. Appearing for BCCI Mr. K.K. Venugopal, learned senior
counsel, argued that although BCCl had received a questionnaire and
although the office bearers of the BCCl also had extensive interaction
G with the Committee on several aspects concerning the subject matter of
the proceedings, yet, justice and fairness demanded that the Committee,
before submitting its final recommendations to this Court, gave an
opportunity to the BCCI to respond to the same. The recommendations,
according to Mr. Venugopal, came as a surprise to the BCCI and hence
H need to be turned down and the matter remitted back to the Committee
BOARD OF CONTROL FOR CRICKET v. CRICKET 659
ASSOCIATION OF BJHAR [T. S. THAKUR, CJ!]
for considering the response ofBCCI on each one of the issues covered A
by the same. It was contended that principles ofnaturaljustice demand
that since BCCI was likely to be affected by the acceptance of the
recommendations a fair and reasonable opportunity to oppose such of
them as were not acceptable to was provided. Inasmuch as the
Committee had failed to follow that procedure and had made its B
recommendations unilaterally, the report and the recommendations
deserved to be rejected.
44. There is, in our opinion, no merit in the submission of
Mr.Venugopal. The reasons are not far to seek. The task assigned to
the Committee in terms of the order passed by this Court was to examine
the issues set out in the order and make suitable recommendations in C
that regard. The task assigned was, in its very nature inquisitorial in
which the Committee was supposed to hear the concerned stakeholders
including the BCCI and formulate its views on various aspects concerning
the subject matter and make recommendations considered necessary
for a more efficient, objective and transparent working of the BCCI. D
The Committee comprising some of the finest legal minds fully aware of
the requirements oflaw and the need for adopting a fair and reasonable
procedure, decided in its wisdom to serve a questionnaire upon the
stakeholders soliciting information, apart from holding several interactive
sessions with them and all those who wished to he heard in the matter
including representatives from the State Associations, Journalists, E
Academicians, Jurists, Public Figures etc. The Committee has on the
basis of the said interactions arrived at certain conclusions to which we
have made reference at great length in the earlier part of this judgment.
Based on the said findings the Committee has recommended certain
steps which, in its opinion" are necessary to usher in structural and other F
reforms in the working of the BCCI. What is significant is that the
Committee was not called upon nor has it adjudicated upon any right of
the applicant finally. It has simply enquired into the working of the BCCI,
identified its fault, its weaknesses, failures and shortcomings__ and
suggested ways and means by which the same can be rectified. The
report submitted by the Committee is recommendatory in nature and G
does not ipso facto oblige BCCI to accept the changes suggested therein
unless so directed by the Court. That being so, any grievance based on
the alleged violation of the principles ofnaturaljustice and failure of the
Committee to put the recommendations proposed to be made before the
BCCI for its response did not, in our opinion, constitute any substantive H
660 SUPREME COURT REPORTS [2016] 8 S.C.R.
A or procedural infirmity that could vitiate the report or the recommendations
or call for a remand to the Committee. Principles of natural justice, it is
well settled, are not codified rules of procedure. Courts have repeatedly
declined to lay down in a straitjacket, their scope and extent. The extent,
the manner and the applicafion of these principles depends so much on
B the nature of jurisdiction exercised by the Court or the Tribunal, the
nature of the inquiry undertaken and the effect of any such inquiry on
the rights and obligations of those before it. The extent of the application
of the principles also depends upon the fact situation of a given case.
The legal position is so well settled that we do not consider it necessary
to burden this judgment by elaborating on the subject. Reference to the
C decisions of this Court in Viveka Nand Sethi '" Chairman, J & K
Bank Ltd. (2005) 5 SCC, 337, S.L. Kapoor" Jagmohan (1980) 4
SCC 379, State ofPunjab 1: Jagir Singh (2004) 8 SCC 129, Karnataka
SRTC v. S.G Kotturappa (2005) 3 SCC 409, Ravi S Naik v. Union of
India ( 1994) supp. (2) SCC 641 and K.L. Tripathi v. SB! ( 1984) 1 SCC
43 should suffice.
D
45. The fact that the Committee was appointed by this Court, for
a specific purpose, the fact thatthe Committee comprised distinguished
jurists familiar with the requirements of fairness and objectivity and the
need for providing a hearing to any one likely to be affected, the fact
that the Committee not only served questionnaire and heard all those
E who wished to be heard and the fact that the report of the Committee
was not ipso facto binding but was only recommendatory, completely
excludes any chance of any prejudice to BCCI nor has any prejudice
otherwise been demonstrated. The fact that we have heard BCCI on
the recommendations made by the Committee also eliminates the
F possibility of any prejudice. At any rate there was in the facts and
circumstances no legal or procedural requirement for the Committee to
draw up its recommendations on a provisional basis and then finalise the
report after considering the response of the BCCI. The changes proposed
by the Committee remain in the realm of recommendations so long as
they are not accepted by this Court and before we accept the same with
G or without modification, we have heard not only the BCCI but everyone
who has come forward to be heard. We, therefore, see no reason to
remand the matter nor do we see any legal flaw in the procedure adopted
by the Committee.
46. It was then argued by Mr. Venugopal that although several of
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 661
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
the recommendations made by the Committee were sound and useful A
for improving the working of the BCCI and bringing greater efficiency
and transparency, yet, several others were either legally impermissible
or unnecessary apart from being impracticable keeping in view the ground
realities and the historical perspective in which the BCCI was founded.
Mr. Venugopal, in particular, assailed the recommendations made by the
B
Committee that each State in the country must be represented in the
BCCI by an association as a full member. It was urged that while the
BCCI was not averse to conceding full membership to an association
duly recognized from each State in the country to give to the BCCI a
truly national character, the Committee's recommendations that multiple
full members from the States of Gujarat and Maharashtra should be C
discontinued and two members each from both the States reduced to
associate membership ofBCCI was neither just nor legally permissible.
It was submitted that both Maharashtra and Gujarat have three full
members in the BCCI, not only because the said members were founding
members of the BCCI but also because they had, since their .inception D
promoted cricketing activity in their respective regions and fielded teams
to compete in tournaments. Denying to any one of the said six members
the privilege of full membership of the BCCI would, according to Mr. ·
Venugopal, violate Article 19(l)(c) of the Constitution. So also, the
termination of the membership of other full members namely Association
oflndian Universities, Railways Sports Promotion Board, Service~Sports E
Control Board was also not justified having regard to the fact that these
members had contributed to the development of cricketing activities in
the country, although some of them did not have any territory nor did
they field teams. In support of his submission that the recommended
change in the composition ofBCCI would violate Article 19(1 )(c), Mr.
F
Venugopal placed heavy reliance upon the judgment of this Court in
Damyanti Naranga v. The Union of India And Others, 1971 (3) SCR
. 840.
47. Mr. Kapil Sibal followed by Mr. Shyam Divan, Mr. Arvind
Datar, Mr. Maninder Singh, Mr. B.H. Marlapalle, counsel appearing for
the intervening full members mentioned above, adopted the submission G
ofMr.Venugopal and strenuously argued_ that the proposed change in
the composition of BCCI would adversely affect the interest of those
who had been members of the BCCI since the beginning, no matter
some of them did not have a territory or a team to field, while some of
them did not receive any monetary grant from BCCI and some others . H
662 SUPREME COURT REPORTS [2016] 8 S.C.R.
A had club facilities other than cricketing activities. It was urged that
grant of membership or a vote in the BCCI to each State of the country
may be a laudable objective to ensure promotion of cricketing activity
even in the States where the same has not, during the past 60 years or
so, taken off, yet removal of those who have contributed to such activities
in a big way apart from founding the BCCI itself cannot be justified.
B
48. Mr. Vikas Mehta appearing for the respondent-Cricket
Association ofBihar and Mr. Manish Tiwari appearing for Mr. Bishan
Singh Bedi and Mr.Kirti Azad and Mr. Rajes~ Mahale appearing for
U.T Cricket Association, Chandigarh contended that the
recommendations made by the Committee are well meaning and could
c go a long way in reforming the BCCI structurally as well as professionally.
It was urged that findings of the Committee regarding the ills affecting
the BCCI have not been questioned by the BCCI or by any intervenor.
If those findings were correct as they indeed are, the proposed reforms
become inevitable and ought to be introduced to save the game from
D losing its popularity in the Indian sub continent. It was argued by Mr.
Mehta that Article 19(!)(c), is in no way violated in case the
recommendations made by the Committee in regard to the reform and
the composition of the BCCI are accepted and directed to be
implemented.
E 49. We have given our anxious consideration to the submissions
made at the Bar. We may, before adverting to the rival submissions
urged before us, point out two distinct aspects that need to be kept in
mind while addressing the issues raised before us. The first is that the
proceedings that led to the setting-up of the Committee arose out of a
public interest petition. The directions issued by this Court proceeded
F on a clear finding recorded by this Court that even when BCCI is not a
state within the meaning of Article 12 of the Constitution of India, it is
amenable to the jurisdiction of the High Court since it discharges public
functions. That part of the controversy stands concluded by judgment
of this Court in the earlier round and cannot be reopened no matter Mr.
G Venugopal made a feeble attempt to do so by making a reference to the
Constitution Bench judgment of this Court in Zee Telefilms Ltd. v. Union
of India (2005) 4 SCC 649. All that we need mention is that while
holding BCCI to be amenable to the writ jurisdiction of the Courts, we
have taken note of the pronouncement of this Court in Zee Telefilms
case (supra). This is evident from the following passages:
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 663
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
'"29. It was then argued that the Board discharges public duties A
which are in the nature of State functions. Elaborating on
this argument it was pointed out that the Board selects a team
to represent India in international matches. The Board makes
rules that govern the activities of the cricket players, umpires
and other persons involved in the activities of cricket. These, B
according to the petitioner, are all in the nature of State
functions and an entity which discharges such functions can
only be an instrumentality of State, therefore, the Board falls
within the definition of State for the purpose of Article
12. Assuming that the abovementioned functions of the Board
do amount to public duties or State functions, the question C
for our consideration is: would this be sufficient to hold the
Board to be a State for the purpose of Article 12. While
considering this aspect of the argument of the petitioner, it
should be borne in mind that the State/Union has not chosen
the Board to perform these duties nor has it legally authorised D
the Board to carry out these functions under any law or
agreement. It has chosen to leave the activities of cricket to
be controlled by private bodies out of such bodies' own volition
(self arrogated). Jn such circumstances when the actions of
the Board are not actions as an authorised representative of
the State, can it be said that the Board is discharging State E
functions? The answer should be no. Jn the absence of any
authorisation, if a private body chooses to discharge any such
function which is not prohibited by law then it would be
incorrect to hold that such action of the body would make it
an instrumentality of the State. The Union of India has tried F
to make out a case that the Board discharges these functions
because of the de facto recognition granted by it to the Board
under the guidelines framed by it but the Board has denied
the same. In this regard we must hold that the Union of India
has failed to prove that there is any recognition by the Union
of India under the guidelines framed by it and that the Board G
is discharging these functions on its own as an autonomous
body.
xxx xxx xxx
31. Be that as it may, it cannot be denied that the Board does
discharge some duties like the selection of an Indian cricket H
664 SUPREME COURT REPORTS [2016] 8 S.C.R.
A team, controlling the activities of the players and others
involved in the game of cricket. These activities can be said
to be akin to public duties or State functions and if there is
any violation of any constitutional or statutory obligation or
rights of other citizens, the aggrieved party may not have a
relief by way of a petition under Article 32. But that does not
B
mean that the violator of such right would go scot-free merely
because it or he is not a State. Under the Indian jurisprudence
there is always a just remedy for violation of a right of a
citizen. Though the remedy under Article 32 is not available,
an aggrieved party can always seek a remedy under the
c ordinary course of law or by way of a writ petition
under Article 226 of the Constitution which is much wider
than Article 32."
50. The second aspect that needs to be borne in mind is that neither
BCCI nor anyone else has assailed the findings recorded by the
D Committee insofar as the deep rooted malaise that pervades in the working
of the BCCI is concerned. We have referred at great length to the
findings of the Committee in this regard which findings have not been
assailed before us either in the affidavits filed or in the course ofarguments
at the bar. That being so, the question is whether reforms which the
Committee has recommended after, elaborate deliberations and
E consideration of all relevant factors can be stalled on the ground that the
same violate Article 19( I)( c) of the Constitution or on the ground that
such reforms will cause any injustice either to the cause of the game or
to those who have been associated in promoting the same.
51. With the above two aspects in mind, let us now examine whether
F the recommendations of the C.ommittee have the tendency to violate
Article 19(1 )(c) or any other provision of the Constitution.
52. Article 19( I)(c) of the Constitution ofindia guarantees to the
citizens of this country the right to form associations, unions or cooperative
societies. It reads:
G
"19. Protection of certain rights regarding freedom of speech,
etc. - (I) All citizens shall have the right -
(a) xxx xxx xxx
(b) xxx xxx xxx
(c) to form associations or unions or cooperative societies
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 665
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
(d) xxx. xxx xxx A
(e) xxx xxx xxx
(f) xxx xxx xxx
(g) xxx xxx xxx"
53. The right, it is evident from the above, is guaranteed in favour B
of citizens and citizens alone. Recourse to Article 19( 1)(C) is not,
therefore, open to juristic or other persons and entities who are non-
citizei1s. Confronted with this position, it was argued on behalf of the
BCCI and intervening associations that even when the provisions of
Article 19( 1)( c) may not be available to the State Cricket Associations
who are members of BCCI , yet the recommendations made by the C
Committee, if accepted, would prejudicially affect the citizens who have
come together to form such State associations. It was contended that
this Court could in its discretion lift the veil to determine whether the
right of any citizen/citizens was affected and grant suitable relief ifthe
answer was in the affinnative. It was contended that once this Court
decides to do so it will find that citizens comprising the State Cricket D
Associations are the ones actually affected by the recommendations in
question.
54. We regret our inability to accept the submission so vehemently
urged before us by learned Counsel for the BCCI and the State Cricket
Associations. We say so, firstly because no citizen has come forward in E
the present proceedings or in the earlier round to complain of the violation
of any fundamental right guaranteed under Article 19( 1)( c) of the
Constitution. Secondly and more importantly because the
recommendations do not, in our opinion, affect the composition of the
State Cricket Associations in any manner. Citizens who have come F
together to fonn the State Associations continue to associate as before
with no change in their internal composition. If that be so as It indeed is
the right guaranteed under Article 19( 1)(c) stands exercised, which
exercise would continue to enjoy the protection of the constitutional
guarantee till the Association/Union or co-operative Society, as the case
may be, continues to exist. What is, however, important is that the right G
under Article 19(1 )( c) does not extend to guaranting to the citizens the
concomitant right to pursue their goals and objects uninhibited by any
regulatory or other control. The legal position in this regard is settled by
several decisions of this Court to which we may gainfully refer at this
stage. H
666 SUPREME COURT REPORTS [2016] 8 S.C.R.
A 55. In All India Bank Employees Association v. The National
Industrial Tribunal (Bank Disputes), Bombay and Ors., AIR 1962
SC 171 a Constitution Bench of this Court while explaining the scope of
Article 19(1 )( c) drew a distinction between the right to form an
association/union and the right to carry on any such business or other
activity chosen by such union or Association. This Court declared that
B
while the right to form a union/Association is guaranteed under Article
19(l)(c), the concomitant right of the members of the Association/Union
would be governed by other provisions of Article 19. This Court held:
"If an association were formed for the purpose of carrying
on business, the right to form it would be guaranteed by sub-
c clause (c) of clause (1) of Article 19 subject to any law
restricting that right conforming to clause (4) of Article 19.
As regards its business activities, however, and the achievement
of the objects for which it was brought into existence, its rights
would be those guaranteed by sub-clause (g) of clause (1) of
D Article 19 subject to any relevant law on tbe matter conforming
to clause (6) of Article 19; while the property which the
association acquires or possesses would be protected by sub-
clause (/) of clause (1) of Article 19 subject to legislation
within the limits laid down by clause (5) of Article 19.
E While the right to form a union is guaranteed by sub-clause
(c), the right of the members of the association to meet would
b·e guaranteed by sub-clause (b), their right to move from
place to place within India by sub-clause (d), their right to
discuss their problems and to propagate their views by sub-
cl ause (a), their right to hold property would be that
F guaranteed by sub-clause (j) and so on - each of these
freedoms being subject to such restrictions as might properly
be imposed by clauses (2) to (6) of Article 19 as might be
appropriate in the context. it is one thing to interpret each of
the freedoms guaranteed by the several articles in Part III in
G a fair and liberal sense, it is quite another to read each
guaranteed right as involving or including concomitant rights
necessary to achieve the object which might be supposed to
underlie the grant of each of those rights .... "
56. In Tata Engineering and Locomotive Company Ltd. v. State
H ofBihar, AIR 1965 SC 40 this Court reiterated that Article 19 applies to
BOARD OF CONTROL FOR CRICKET v. CRICKET 667
ASSOCIATION OF BIHAR [T. S. THAKUR, CJ!]
citizens and not persons as was the position with Article 14 of the A
Constitution. The effect is that the provisions ofArticle 19 can be claimed
by citizens only and not by corporations. This Court held that the
fundamental right to form an association or Union cannot be coupled
with the fundamental right to carry on any trade or business. As soon as
citizens formed a company, the right guaranteed to them by Article B
19(l)(c) stood exercised. After the incorporation of the company the
business carried on by it is the business of the corporation and not the
business of the citizen. The Court held:
"28. That being the position with regard to the doctrine of
the veil of a corporation and the principle that the said veil
can be lifted in some cases, the question which arises for our C
decision is; can we lift the veil of the petitioner and say that it
is the shareholders who are really moving the Court under
Article 32, and so, the existence of the legal and juristic
separate entity of the petitioners as a corporation or as a
company should not make the petitions filed by them under D
Article 32 incompetent. We do not think we can answer this
question in the affirmative. No doubt, the complaint made by
the petitioners is that their fundamental rights are infringed
and it is a truism to say that this Court as the guardian of the
fundamental rights of the citizens will always attempt to
safeguard the said fundamental rights; but having regard to E
the decision of this Court in State Trading Corporation of
India Ltd.l, we do not see how we can legitimately entertain
the petitioners' plea in the present petitions, because if their
plea was upheld, it would really mean that what the
corporations or the companies cannot achieve directly, can F
be achieved by them indirectly by relying upon the doctrine
of lifting the veil. If the corporations and companies are not
citizens, it means that the Constitution intended that they
should not get the benefit ofArticle 19. It is no doubt suggested
by the petitioners that though Article 19 is confined to citizens,
the Constitution-makers may have thought that in dealing with G
the claims of corporations to invoke the provisions of Article
19, courts would act upon the doctrine of lifting the veil and
would not treat the attempts of the corporations in that behalf
as falling outside Article 19. We do not think this argument is
well founded. The effect of confining Article 19 to citizens as H
668 SUPREME COURT REPORTS [2016] 8 S.C.R.
A distinguished from persons to whom other Articles like 14
apply, clearly must be that it is onlv citizens to whom the rights
under Article I9 are guaranteed. If the legislature intends
that the benefit ofArticle I9 should be made available to the
corporations, it would not be difficult for it to adopt a proper
111easure in that behalf by enlarging the definition of "citizen"
B
prescribed by the Citizenship Act passed by Parliament by
virtue of the powers conferred on it by Articles I 0 and 11. On
the other hand. the fact that the Parliament has not chosen to
make any such provision indicates that it was not the intention
of Parliament to treat corporations as citizens. Therefore. it
c seems to us that in view of the decision of this Court in the
case of State Trading Corporation of India Ltd. L the
petitioners cannot be heard to any that their shareholders
should be allowed to file the present petitions on the ground
that, in substance. the corporations and co111panies are nothing
more than associations of shareholders and members thereof
D
!11 our opinion, therefore, the argument that in the present
petition we would be justified in lifting the veil cannot be
sustained.
29. Mr Palkhivala sought to draw a distinction between the
right of a citizen to carry 011 trade or business llJhich is
E contemplated by Article l9(J)(g) from his right to form
associations or unions contemplated by Article 19(J)(c). He
argued that Article I9(J)(c) enables the citizens to choose
their instruments or agents for carrying on the business which
it is their fundamental right to carry on. If citizens decide to
F set up a corporation or a company as their agent for the
purpose of carrying on trade or business, that is a right which
is guaranteed to them under Article I9(l)(c). Basing himself
on this distinction between the two rights guaranteed by
Article l9(I)(g) and (c) respectively, Mr Palkhivala somewhat
ingeniously contended that we should not hesitate to lift the
G veil, because by looking at the substance of the matte1; we
would really be giving effect to the two fundamental rights
guaranteed by Article 19(1). We are not impressed by this
argument either. The fundamental right to form an association
cannot in this manner be coupled with the jimdamental right
to carry on any trade or business. As has been held by this
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 669
ASSOCIATION OF BIHAR [T. S. THAKUR, CJ!]
Court in all-India Bank Employees' Association v. National A
Industrial Tribunal, the argument which is thus attractively
presented before us overlooks the fact that Article 19, as
contrasted with certain other articles like Articles 26, 29 and
30 guarantees rights to the citizens as such, and associations
cannot lay claim to the fundamental rights guaranteed by that B
article solely on the basis of their being an aggregation of
citizens, that is to say, the right of the citizens composing the
body. The respective rights guaranteed by Article 19(1) cannot
be combined as suggested by Mr Palkhivala, but must be
asserted each in its own way and within its own limits; the
sweep of the several rights is no doubt wide, but the c
combination of any of those two rights would not justify a
claim such as is made by Mr Palkhivala in the present petitions.
As soon as citizens form a company the right guaranteed to
them by Article 19{/)(c) has been exercised and no restraint ·
has been placed on that right and no infringement of that D
right is made. Once a company or a corporation is formed,
the business which is carried on by the said company or
corporation is the business of the company or corporation
and is not the business ofthe citizens who get the company or
corporation formed or incorporated. and the rights of the
incorporated body must be judged on that footing and cannot E
be judged on the assumption that they are the rights
attributable to the business of individual citizens. Therefore,
we are satisfied that the argument based on the distinction
between the two rights guaranteed by Article l9(l)(c) and (g)
and the effect of their combination cannot take the petitioners'
case very far when they seek to invoke the doctrine that the
F
veil of the corporation should be lifted. That is why we have
come to the conclusion that the petitions filed by the
petitioners are incompetent under Article 32, even though in
each of these petitions one or two of the shareholders of the
petitioning companies or corporation have joined. " G
(emphasis supplied)
57. In D.A. V. College v. State of Punjab, 1971 (2) SCC 269 this
Court was examining the vaiidity of a legislation that provided for
compulsory affiliation of religious or linguistic minority institutions to the
University. It was contended that the requirement of compulsory H
670 SUPREME COURT REPORTS [2016] 8 S.C.R.
A affiliation was in violation of their right of freedom of association
guaranteed under Article 19(l)(c). This court, however, rejected that
contention and held that the notification providing for compulsory affiliation
with the University did not in any manner interfere or attempt to interfere
with the petitioners' right to form an association under Article 19( 1)(c).
This Court said :
B
"29. It is contended that the compulsory affiliation of the
petitioners to the University affects their fundamental right
of freedom of association as guaranteed under Article
I9(1)(c), therefore the notification under Section 5(3)
affiliating them to the University is bad. It is also urged that
c since the words "associated with and admitted to any
privileges" are used in Section 5 of the Act, it would mean
that petitioners are compulsorily formed into an Association
with the University. This contention however is countered by
the respondents who point out that the freedom of association
D under Article 19(1)(c) implies association between citizens
while in the case of the petitioners what is sought to be
affected is an affiliation with the University which is a
corporate body.
30. The right to form an association implies that several
E individuals get together and form voluntarily an association
with a common aim, legitimate purpose and having a
community of interests. It was sought to be suggested that the
compulsory affiliation with the University affects the aims and
objects of the association, as such its freedom is infringed.
There is in our view a fallacy in this argument which on earlier
F occasions had also been repelled. In All India Bank Employees
Association v. National Industrial Tribunal, it was observed
that the right guaranteed under Article J9(l)(c) does not carry
with it a concomitant right that the Associations shall achieve
their object such that any interference in such achievement
G by any law would be unconstitutional unless it could be
;ustified under Article 19(4) as being in the interests of public
order or morality. The right under Article 19(l)(c) extends
inter alia to the formation of an Association or Union."
58. In Smt. Damyanti Naranga v. the Union of India Ors.,
H 1971 (I) SCC 678 heavy reliance whereupon was placed by Mr.
BOARD OF CONTROL FOR CRICKET v. CRICKET 671
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
Venugopal, also a Constitution Bench of this Court clearly held that the A
right to form an association implied that the person forming the association/
Union had the right to continue to be associated with only those whom
they voluntarily admit in the Association. This Court declared that the
right under Article 19(1 )(c) was not confined to the initial stage of forming
of an association for any such restricted interpretation of that provision B
would render the right meaningless in a situation where no sooner the
association is formed, a law is passed interfering with its composition so
that the association formed may not be able to function at all. This
Court, in that view, held that the right will be rendered ineffective until it
is held to include the right to continue the association/union with its
composition as voluntarily agreed upon by the persons forming the C
association. This Court affirmed the view taken in its earlier decision in
O.K. Ghosh and another v. E.X Joseph, AIR 1963 SC 812, and
observed:
"6. It was argued that the right guaranteed by Article 19(l){c)
is only to form an association and, consequently, any D
regulation of the affairs of the Association, after it has been
formed, will not amount to a breach of that right. It is true
that it has been held by this Court that, after an Association
has been formed and the right under Article J9(J){c) has been
exercised by the members forming it, they have no right to
claim that its activities must also be permitted to be carried E
on in the manner they desire. Those cases are, however,
inapplicable to the present case. The Act does not merely
regulate the administration of the affairs of the Society; what
it does is to alter the composition of the Society itself as we
have indicated above. The result of this change in composition F
is that the members, who voluntarily formed the Association,
are now compelled to act in that Association with other
members who have been imposed as members by the Act and
in whose admission to membership they had no say. Such
alteration in the composition of the Association itself clearly
interferes with the right to continue to function as members G
of the Association which was voluntarily formed by the
original founders. The right to form an association, in our
opinion, necessarily implies that the persons forming the
Association have also the right to continue to be associated
with only those whom they voluntarily admit in the Association. H
672 SUPREME COURT REPORTS [2016] 8 S.C.R.
A Any law, by which members are introduced in the voluntary
Association without any option being given to the members to
keep them out, or any law which takes away the membership
of those who have voluntarily joined it, will be a law violating
the right to form an association. If we were to accept the
submission that the right guaranteed by Article 19(1)(c) is
B
confined to the initial stage of forming an Association and
does not protect the right to continue the Association with the
membership either chosen by the founders or regulated by
rules made by the Association itself, the right would be
meaningless because, as soon as an Association is formed, -a
c law may be passed interfering with its composition, so that
the Association formed may not be able to function at all. The
right can be effective only if it is held to include within it the
right to continue the Association with its composition as
voluntarily agreed upon by the persons forming the
Association .... "
D
59. Reference may also be made to a very recent decision of this
Court in Dharan1 Dutt and Ors. v. Union of India & Ors., (2004) I
SCC 712. That was a case where the constitutional validity of the Indian
Council of World Affairs Ordinance, 2001 was under challenge in a
petition filed under Article 32 of the Constitution. One of the issues that ·
E came up for consideration was whether the legislation violated the right
guaranteed under Article 19( I)( c). Relying upon the decisions in Ma/1eka
Gandhi v. Union of India, ( 1978) 1 SCC 248; All India Bank
Employees' Association v. National Industrial Tribunal, AIR 1962
SC 171 and; Damyanti Naranga v. Union of India, 1971 (1) SCC
F 678 this Court held that the right under Article 19(1 )(c) does not include
-the right of the association or union so formed to achieve its objective
whether of running an institution or otherwise. The Court said:
"From a reading of the two decisions, namely, Smt. Maneka
Gandhi s case (supra), (seven-Judges Bench) and All India
G Bank Employees Associations case (supra), (jive-Judges
Bench), the following principles emerge : (i) a right to form
associations or unions does not include within its ken as a
fundamental right a right to form associations or unions for
-achieving a particular object or running a particular
institution, the same being a concomitant or concomitant to a
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 673
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
concomitant of a fundamental right, but not the fundamental A
right itself. The associations or unions of citizens cannot
further claim as a fundamental right that it must also be able
to achieve the purpose for which it has come into existence
so that any interference with such achievement by law shall
be unconstitutional, unless the same could be justified under B
Article 19(4) as being a restriction imposed in the interest of
public order or morality: (ii) A right to form associations
guaranteed under Article 19 {l){c) does not imply the
fulfillment of every object of an association as it would be
contradictory to the scheme underlying the text and the frame
of the several fundamental rights guaranteed by Part Ill and C
particularly by the scheme of the guarantees conferred by
sub-clauses (a) to Cg! of clause (]) of Article 19: (iii) While
right to form an association is to be tested by reference to
Article 190 )(c) and the validity of restriction thereon by
reference to Article 19(41. once the individual citizens have
D
formed an association and carry on some activity. the validity
of legislation restricting the activities of the association shall
have to be judged by reference to Article 1_9(] l(g) read with
19(6). A restriction on the activities of the association is not a
restriction on the activities of the individual citizens forming
membership of the association: and (iv) A perusal of Article E
19 with certain other Articles like 26. 29 and 30 shows that
while Article 19 grants rights to the citizens as such, the
associations can lay claim to the fundamental rights
guaranteed by Article 19, solely on the basis of there being
an aggregation of citizens, i.e., the rights of the citizens
composing the body. As the stream can rise no higher than
the source; associations of citizens cannot lay claim to rights
not open to citizens or claim freedom from restrictions to which
the citizens composing it are subject. "
(emphasis supplied)
G
60. There is, in the light ofthe above authoritative pronouncements,
no room for any doubt that the right guaranteed under Article 19(l)(c).
cannot be claimed by an association or union or a co-operative Society
as is sought to be done in the case at hand, even when the right to form
an association or union or cooperative society extends to the continued
H
674 SUPREME COURT REPORTS [2016] 8 S.C.R.
A existence of such association or union or cooperative society with its
original voluntary composition. But the right does not extend so far as to
include the right of any such association or union or cooperative society
to achieve its objects or to conduct its business unhindered by any
regulatory or other control. Anything beyond the protection of the original
composition of the association or union or cooperative society would fall
B
outside Article 19( I )(C) and shall be governed by other clauses ofArticle
19 of the Constitution. For instance, the right of the association or union
or cooperative society to conduct its business or pursue its objects shall
be regulated under Article 19(1 )(g) read with sub-Article ( 6) of the
Constitution. So also, the right to move freely throughout the territory of
c India shall be governed by Article J9(J)(d) read with sub-Article 5 of
the Constitution. Suffice it to say that so Jong as the initial voluntary
composition of the State Cricket Associations who are complaining of
the breach of their right under Article 19(1 )( c) remains unaffected, there
is no violation of what is guaranteed by Article 19(1 )(c).
D 61. Seen in the backdrop of the above, the recommendations made
by the Committee in the instant do not interfere with or alter the
composition of the State Associations. Individual citizens who came
together to form the State Associations have not been asked to discontinue
their association nor do the recommendations impose upon their members
an obligation to associate with others with whom they do not wish to
E associate. Composition of the State Cricket Associations remain
unaffected, and so does the right of those forming such Associations
under Article 19(l)(c). That being so, the grievance sought to be made
on behalf of citizens who have formed the State Associations does not
stand scrutiny no matter none of those on whose behalf the argument is
F advanced is before this Court to make any such grievance. We have, in
the light of the above, no difficulty in rejecting the first limb of the
submissions made by learned counsel opposing the recommendation of
the committee that BCCI shall have the Cricket Association from each
State as a full member.
o 62. That brings us to the question whether "One State One vote"
recommended by the Committee suffers from any legal or other infinnity
sufficient for this Court to reject the same. The recommendation made
by the Committee has a two-fold impact on the current state of affairs in
BCCI. The first is the reduction of some of the Associations and Clubs
from the full membership of BCCI to the status of Associate Members.
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 675
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
The other aspect of the recommendation is the reduction of the full A
membership of at least four existing full members to the status of associate
members from the states of Maharashtra and Gujarat.
63. In the first category, fall five full members whose membership
should as per the recommendation get converted to associate
membership. In this category fall Railways Sports Promotion Board, B
Association of Indian Universities, Services Sports Control Board,
National Cricket Club (Kolkata) and Cricket Club oflndia (Bombay).
The Committee has recommended that these clubs and associations need
not be continued as full members as they do not represent any
geographical territory. Two of the clubs namely Cricket Club of India
and National Cricket Club do not even field teams in competitive cricket. C
These two clubs also happen to be recreational clubs. The other three
clubs mentioned above however field teams but do not receive any
monetary assistance from BCCI. It was contended by learned counsel
appearing for these clubs that the recommendation made by the
Committee based entirely on the fact that they do not represent a territory D
does not do full justice to them while recommending deletion of their full
membership from BCCI. It was submitted that even when these clubs
do not represent any geographical area and some of them even do not
field teams, they should be continued as full members keeping in view
the historical background leading to the formation ofBCCI. We see no
merit in that contention nor do we see any reason to disagree with the E
recommendation made by the committee, who has upon a thorough
consideration of all facts and circumstances relevant to the working of
the BCCJ, recommended the conversion of the clubs and associations
without a territory from full members to associate members. This is a
measure which has been recommended with a view to structurally F
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.
The fact that clubs including the Railways Sports Promotion Board,
Association of Indian Universities and Services Sports Control Board
do not represent any region nor do they receive any monetary benefit is, G
in our view, a good enough reason for converting their full membership
to associate membership. The conversion notwithstanding they shall
continue to be associated with the growth and promotion of the game,
the right to vote remaining confined to full members, representing definite
geographical regions or territories. The recommendation made by the H
676 SUPREME COURT REPORTS [2016] 8 S.C.R.
A committee regarding the conversion of the status of the above mentioned
clubs and associations are; therefore, sound and are hereby accepted.
64. Coming to the second aspect of"One State One Vote", it was
argued by learned counsel appearing for the intervening clubs from the
States of Maharashtra and Gujarat that the six clubs/associations three
B' each from the two States viz. Mumbai Cricket Association, Maharashtra
Cricket Association, Vidarbha Cricket Association, Gujarat Cricket
Association, Baroda cricket Association and Saurashtra Cricket
Association not only represent a definite territory and participate in
competitive cricket by fielding teams but have contributed to the
development of the game in their regions. It was submitted that the
c recommendations made by the committee that BCCI should choose one
of the clubs to represent the entire state was fraught with difficulty and
ignored the historical perspective and the fact that the these clubs had
made substantial contribution to the development and promotion of cricket
in this country. It was, therefore, urged that reducing the role of four out
D of the six clubs from full membership to associate membership was not
a sound proposition and deserved to be turned down and the associations
allowed to continue their position as full members.
65. The argument advanced by the intervenor clubs cannot be
lightly brushed aside. It is not disputed that three different regions are
E represented by three distinct Associations both in the States of Gujarat
and Maharashtra. This position has continued to exist from the inception.
Some of the clubs/associations, if not all. are the founding members of
BCCI. That being so, 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
F recommendation made by the Committee to the extent it provides for
one vote for each state is unexceptionable nor should there be 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
G representing different territories in those two States as the one that would
represent the entire State. Learned Counsel for the intervenors and so
also Mr. Venugopal counsel for BCCI are, in our opinion, justified in
contending that the process of recognizing one out of three associations
representing three different regions in those two states is fraught with
several difficulties and would result in long drawn litigation and frustration
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 677
ASSOCIATION OF BIHAR fT. S. THAKUR, CJI]
for the players in particular and cricket lovers in general. What then is A
the way out of this conundrum. We had in the course of the hearing
asked learned counsel for the parties, if it would be possible for the three
associations to s_ync and unify their associations into a single entity. There
were serious reservations expressed on that front and rightly so as each
association is entitled today to field a team and receive monetary B
assistance. In the process of unification, the prospects of budding
cricketers of these regions would go down substantially. That being so,
the only reasonable and rational answer to the problem within the broad
principle of One State One Vote would be to allow the full membership
ofBCCI to rotate among the three clubs on an annual basis. During the
period one of the associations would exercise rights and privileges of a C
full member, the other two associations would act as associate members
of BCCI. This rotational arrangement would give each member a right
to vote at its turn without violating the broader principle of one State one
vote recommended by the Committee. This would also respect the
historical aspect in which these associations grew to promote the game D
and form BCCI as a national body. Needless to say that the right of the
association to field teams as before will remain unaffected subject to
any changes that BCCI may make in its wisdom over a period of time.
BCCI shall, however, decide the order in which the membership will
rotate among the three associations in these two states. We make it
clear that this arrangement of rotational membership shall continue till E
such time the clubs/Associations come togeth,er to form a single entity, if
such a unification was to ever become a reality.
66. It was next argued by Mr. Venugopal and counsel appearing
for some of the interveners including Mr. Sampath, counsel for the
Kamataka State Cricket Association that the recommendation made by F
the Lodha Committee as to the upper age limit of any office bearer is
neither reasonable nor conducive to the development and promotion of
the game in this country. It was submitted that some of the office bearers
continue to contribute immensely to the development and promotion of
cricket even though they have crossed the recommended upper age
limit of 70 years. For instance, Shri Niranjan Shah, applicant in G
Interlocutory Application No.24 is more than 70 years old but has held
the office of Secretary of Saurashtra Cricket Association for more than
four decades. This, according to the learned counsel, shows that age
had nothing to do with the capacity of the person to contribute to the
promotion of the game. H
678 SUPREME COURT REPORTS [2016] 8 S.C.R.
A 67. Learned counsel appearing for the interveners who support
the recommendations of the Committee, on the other hand, argued that
those playing competitive cricket are in the age group of 18 to 35 years
which means that anyone who has played the game or who is actively
connected with the game gets nearly 35 years to continue his active
association with the game even after he has retired from competitive
B
cricket which is a long enough period for anyone to contribute to the
game and its promotion. It was also contended that the Government of
India, have, in their wisdom prescribed the upper age limit of 70 years
for office bearers of the National Sports Federations in terms of the
National Sports Development Code oflndia, 2011. The Sporting fraternity
c has accepted the same as a reasonable upper age limit for anyone to
hold office in any Sporting Federation. There is, in that view, nothing
wrong with the recommendations of the Committee that those aspiring
to hold any office in the BCCI or in the State Associations ought to be
less than 70 years old.
D 68. There is no denying the fact that Cricketers who play
competitive cricket generally fall in the age group of 18 to 35 years. This
implies that even after retirement from active cricket anyone who has
the potential to contribute to the game can do so for over three decades
till he attains the age of70 years. The upper age limit recommended by
the Lodha Committee is not, therefore, unreasonable or irrational by any
E
standard. That apart, as rightly pointed out by the counsel supporting
the recommendation, the Government oflndia have in the National Sports
Development Code oflndia, 2011, inter alia, stipulated that the President,
Secretary and the Treasurer of any recognized National Sports Federation
including the Indian Olympic Association (IOA) shall cease to hold that
F post on attaining the age of 70 years. The upper age limit of 70 years is
not, therefore, an unusual or unacceptable norm so as to warrant our
interference with the same. The recommendation made by the Lodha
Committee regarding upper age limit for office bearers is accordingly
accepted.
G 69. Mr. Venugopal, learned counsel appearing for BCCI and
counsel for some of the interveners opposing the recommendations of
the Committee also assailed the Committee's recommendation that
Ministers and Government Officials should be ineligible for any post in
State Associations or in the BCCI. It was contended that the restrictions
sought to be placed on the Ministers and Government Servants are
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 679
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
unreasonable. It was contended that past experience of the BCCI has A
shown that Government Servants and Ministers are able Administrators
whose association with BCCI and the Associations has resulted in
substantial benefit to BCCI in the management of its affairs. It was
contended that office bearers in BCCI serve in an honorary capacity
and without any remuneration for their services, except that travel, lodging B
and boarding arrangements are taken care of by the BCCI. It was also
contended that the Government oflndia has been, as a matter of policy,
encouraging formation of Sporting Associations so that its employees
are attracted towards sporting activities and promotion of sports and
development of sports related infrastructure. Also under challenge is the
recommendation made by the Committee that those holding office in the c
State Associations shall not be eligible for holding any office in BCCI
and vice versa. It was contended that administrative experience acquired
by anyone in the State Associations is useful to the BCCI which need
not be lost by stipulating a disqualification recommended by the
Committee.
D
70. Learned counsel for the interveners supporting the
recommendations, on the other hand, argued that the recommendations
were well considered and meaningful and in the interest of the game of
cricket in this country. It was contended that political bigwigs need to be
kept away from the sporting arena not only because the presence of
Ministers and Civil Servants brings several considerations not conducive E
to the promotion of the game, but, at times, results in creation of vested
interests, groupism and rivalries that harm the game far more than helping
it. The fact that the Ministers and Civil Servants have been helpful in
promoting the game in the past does not mean that the game would
cease to get their patronage if they are disqualified from holding any: F
office in the State Associations or the BCCI. Whatever the legitimate
sporting patronage is required for the game would certainly come from
the concerned supporters regardless whether they are Ministers, Civil
Servants or office bearers. The contention urged on behalf of the BCCI
that the restrictiOn placed on the Ministers and Public Servants holding
office would, in any manner, damage the cause of the game is, therefore, G
without any basis.
71. The Lodha Committee has, in its meetings, held extensive
interactive sessions and deliberations with a cross section of stakeholders.
The recommendations made by the Committee are based on the
H
680 SUPREME COURT REPORTS [2016] 8 S.C.R.
A impressions which the Committee has gathered from such interactions
and deliberations. In the ordinary course and in the absence of any patent
perversity in what has been recommended by the Committee, this Court
would be slow in interfering, especially when the Committee has
recommended comprehensive restructuring of the management at
different levels by proposing modification of the relevant rules and
B
regulations. The Committee has in its wisdom found that the holding of
office by the Ministers and Civil Servants in the State Associations or in
the BCCI is not conducive to the health and promotion of the game.
The Committee has taken the view that the game would be better
managed, promoted and developed if politicians and civil servants who
c otherwise occupy positions of responsibility in the Government that call
for their complete and unstinted attention and commitment are made
ineligible from holding any post in the State associations or the BCCI.
The Committee has while making that recommendation observed:
"... ... ... Any elected Councillor shall stand automatically
D disqualified after nine years as an office bearer, and shall
also be disqualified from contesting or holding the post if he
has completed the age of 70 years, is charged under the penal
law, is declared to be of unsound mind, is a Minister or
government servant or holds any post of another sports body
in the country. "
E
xxx xxx xxx xxx
xxx xxx xxx xxx
b. Posts & Tenures
F ... ... ... The lack of any qualifications or disqualifications
also ensures that those with full time occupations superficially
involve themselves, thereby compromising their commitment
to the association and the game of cricket. Several public
servants hold lead positions in State Associations which take
a substantial toll on both sets of their respective obligations
G to the public. "
72. In light of the above we see no compelling reason for us to
reject the recommendation which disqualifies Ministers and Public
Servants from holding offices in the State Associations or BCCI. The
argument that since ministerial and bureaucratic support and patronage
H has helped the BCCI in running its affairs in the past they should be
BOARD OF CONTROL FOR CRICKET v. CRICKET 681
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
allowed to continue, lest the game suffers, has not impressed us. We do A
not think that the game flourishes in this country because any minister or
civil servant holds office in the State Associations or BCCI. We also do
not find any b~is for the argument that unless the ministers and civil
servants are allowed to hold office in the State Association or jn the
BCCI they will refuse to do what is legitimately due to the game for its B
development and promotion. Nothing which is not due to the game or is
not legitimate need be done by any Minister or Civil Servant. But we
have no manner of doubt that what is legitimately due to the.game will
not be denied to the game merely because Ministers or Civil Servants do
not happen to be office bearers for ought we know that there may be an
overwhelming number of Ministers and Bureaucrats who are passionate C
about the game and would like to do everything that is legally permissible
and reasonably possible within the four corners of the law even without
holding any office in the BCCI or the State Associations. The contention
that favours which the BCCI receives will disappear just because a
Minister or Civil Servant is not an office bearer in the State Association
D
or BCCI has no real basis to commend itself to us. So also, the contention
that it should be permissible to hold office simultaneously in BCCI and
the State Association has not commended itself to us. The Committee
has while recommending abolition of dual posts observed:
g. Dual posts
E
Strangely, while conflict of interest issues have been at the
heart of recent controversies, virtually all office bearers of
the BCCI continue to be office bearers in their respective State
Associations at the same time. Presidents and Secretaries of
State Associations are to discharge functions with the primary
interest of the State in mind, but as BCCJ office bearers, these F
interests would have to be subordinated to that of national
interest. Often, with powers centred on an office bearer. that
individual has been found to appoint his State associates to
critical posts in the BCCJ, thereby creating an imbalance.
73. There is nothing irrational about the view taken by the G
Committee. The argument that individuals should be eligible to hold two
posts one each in the State Association and the BCCI does not ·stand
scrutiny in the light of the reasons given by the Committee which do not,
in our opinion, suffer from any perversity to call for our interference.
74. It was next contended on behalf of the BCCI that the H
682 SUPREME COURT REPORTS (2016] 8 S.C.R.
A recommendations made by the Committee for inclusion ofa nominee of
the Accountant General of the State in the Governing Body of the State
Associations and a nominee of the Comptroller & Auditor General of
India (C&AG) as Member of the Apex Council in BCCI were both
unacceptable to BCCI being unnecessary inflictions that were likely to
B result in the derecognition of the BCCI by the ICC. It was submitted
that in terms of Article 2.9(b) of the Memorandum of Association and
Articles of Association of the ICC any interference by the Government
in the administration of the Cricket by a member would render the latter
liable to be suspended and derecognized. Induction of the nominee of
the Accountant General in the State Association and nominee of a C&AG
c in the Apex Council of the BCCI brings in an element of interference by
the Government which would according to the counsel for BCCI lead to
suspension/derecognition of the BCCI. Any such induction was,
therefore, not in the interest of the game of cricket or otherwise desirable
keeping in view the fact that the BCCI cannot afford to run the risk of
being derecognized or suspended by the ICC.
D
75. The Lodha Committee has, while dealing with the need for
transparency and oversight, referred to the grievance made by the
stakeholders that the BCCI was neither fair nor transparent and those
who seek greater information are either rebuffed by the Board or won
over by enticements. The Committee has noticed that the state of affairs
E
prevailing in BCCI and the expenses incurred by it call for better financial
management and financial prudence. The Committee has observed:
"Jn the light of all this. the Co111111ittee proposes that clear
principles of transparency be laid down, and the BCCJ website
and office will carry all rules, regulations and office orders
F of the BCCJ, the constitution of the various committees, their
resolutions, the expenditures under various heads, the reports
of the Ombudsman/Auditor/Electoral Officer/Ethics Officer
and the annual reports and balance sheets. In addition, norms •
and procedures shall be laid down for the engagement of
service professionals and contractors, and there shall be full
G
transparency of all tenders floated and bids invited by or on
behalf of the ECCL The website shall also have links to the
various stadia with seating capacities and transparent direct
ticketing facilities.
xxx xxx xxx
H xxx xxx xxx
BOARD OF CONTROL FOR CRJCKET v. CRJCKET 683
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
The Committee also believes that the Auditor be tasked not A ·
only with a financial analysis, but also specifically carry out
a performance audit (Compliance Report) to determine
whether the State associations have actually expended their
grr;mts towards the development of the game and mark them
on a report card which will be utilized to determine the due B
they deserve the following year. This oversight also needs to
consider the high and unreasonable expenditures by the
Board on vqrious heads, which would have to be limited and
streamlined. "
76. While dealing with the question of governance in Chapter Two C
of the Report the Committee has recommended a Nine-Member Body
as the Apex Council out of whom five shall be elected office bearers of
the BCCI while four shall be Councillors one of them to be nominated
by the C&AG. The nominee of C&AG, shall, in the opinion of the
Committee bring transparency and oversight in monitoring the finances
of the BCCI. It is in that background that the Committee has D
recommended in the draft Rules and Regulations/Memorandum of
Association the composition of the State Associations and the BCCI to
include a nominee of the Accountant General of the State in the case of
State Associations and nominee ofC&AG as Member of the Apex Council
in the case of the BCCI. It is evident from a careful reading of the
Report that the object underlying the induction of the nominees of the E
Accountant General of the State and the C&AG is to bring transparency
and financial oversight into the affairs of the State Associations and the
BCCI. No one can possibly argue that the object sought to be achieved
by the proposed nominations is not laudable or at least desirable.
Transparency and financial discipline and accountability are fundamental F
values to which any authority discharging public functions must be
committed to. To that extent the BCCI has not faulted the report made
by the Committee. What is all the same contended is that the
recommendation if accepted may result in the suspension of the
recognition of the BCCI as it will be seen by the ICC as Government
interference contrary to Article 2.9(B) of the ICC Rules, which reads as G
under:
"Where a government interferes in the administration of
cricket by a Member, including but not limited to interference
in operational matters, the selection and management of
H
684 SUPREME COURT REPORTS [2016) 8 S.C.R.
A teams, the appointment of coaches or support personnel or
the activities of a Member, the Executive Board shall have the
power to suspend or refuse to recognize that Member, subject
to the provisions ofArticle 2. 7. "
77. There is, in our view, no basis for the argument that any measure
B taken by the BCCI on its own or under the direction of a competent
court specially when aimed at streamlining its working and ensuring
financial discipline, transparency and accountability expected of an
organization discharging public functions such as BCCI may be seen as
governmental interference calling for suspension/derecognition of the
BCCI. Far from finding fault with presence of a nominee of the
c Accountant General ofthe State and C&AG, the ICC would in ouropinion
appreciate any such step for the same would prevent misgivings about
the working of the BCCI especially in relation to management of its
funds and bring transparency and objectivity necessary to inspire public
confidence in the fairness and the effective management of the affairs
D of the BCCl and the State Associations. The nominees recommended
by the Committee would act as conscience keepers of the State
Association and BCCI in financial matters and matters related or incidental
thereto which will in no way adversely impact the performance or working
of the BCCI for the promotion and development of the game of cricket.
The criticism leveled against the recommendations of the Committee is,
E therefore, unfounded and accordingly rejected.
78. That brings us to the recommendation made by the Committee
regarding the formation of a Players' Association. To the extent the
recommendation provides for establishment of a Players' Association
neither the BCCI nor any other association who has intervened has
F found fault with the view taken by the Committee. What has come
under criticism by the BCCI and its supporting associations is the financial
assistance which the BCCI is required to give to such an association.
On behalf of the BCCI it was contended that cricket players can indeed
form an association which they are in any case entitled to form, but that
G exercise need not be at the expense of the BCCI. The recommendation
for financial support to the association is thus all that has been faulted by
the BCCI. It was also contended that there was no need for providing
any representation for the Association in the Apex Council of the BCCI
having regard to the fact that some of the cricketers had in the past held·
offices in the State Associations and in the BCCI by recourse to the
H democratic process, without any such reservation.
BOARD OF CONTROL FOR CRICKET v. CRICKET 685
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
79. There are three distinct aspects of the recommendation in A
question. One relates to formation of the Association itself; the second
touches the financial support which the BCCI must provide to the
Association and; the third deals with the representation given to the
Association in the Apex Council. Formation of the Association, as noticed
earlier, is not under challenge and rightly so for cricket players have a B
fundamental right to form an association even independent of the
recommendation. The question is whether the association needs to be
·financially supported by the BCCI. The Committee has recommended
such financial support but has stopped short of specifying the extent of
such support. It would, therefore, be reasonable to presume that the
extent of financial support which the association may be given is left to C
the discretion of the BCCI. If that be so, we do not see any merit in the
objection raised by the BCCI that such support need not be given or
would unduly burden the BCCI. An association of cricket players would
doubtless give to the cricketing community not only an opportunity to
contribute to the promotionufthe game but a sense of participation also
0
so very important for the promotion of a game that brings so much joy
and feelings of nationalism among our countrymen. Financial.support,
to the extent possible, having regard to-the resources available with the
BCCI and its financial commitments in other areas relevant to the game
is not therefore an unacceptable idea. The recommendation requiring
financial support to the players association cannot therefore be rejected E
especially when the extent of such support is left to the BCCito be
decided on a fair and objective view of its financial resources and
commitments.
80. The third dimension of the recommendation touching the
representation given to the association also does not call for any F
interference. Players' Association, it is obvious, would represent a very
significant and important segment of the stakeholders in the game. Those
who have played the game and are, therefore, better equipped to
understand its nuances, its challenges and concerns relevant to its
development and promotion cannot be left out from the management.
The Committee has recommended two positions in the Apex Council as G
Councillors one of whom must be a female. Keeping in view the numerical
strength of the Apex Council, two' nominees representing the Players'
Association will not unfavorably tilt the power balance within the Apex
Cou!lcil nor bring in any undesirable or extraneous element into the
management of the BCCI. We have, therefore, no hesitation in rejecting H
686 SUPREME COURT REPORTS [2016] 8 S.C.R.
A the argument against the recommendation.
81. That leaves us with three other recommendations of the
Committee to which we may advert at this stage. Of these, two
recommendations are in the nature of an appeal to the Parliament to
enact suitable statutory provisions which the Committee considers
B essential in public interest. The first of these recommendations relates
to the BCCI being under the purview of Right to Information Act and to
carry out a suitable amendment to this effect. While the second
recommendation is to the effect that the Parliament ought to legalize
betting in cricket. Dealing with the first recommendation the Committee
has observed:
c
"The Right to Information Act, 2005 ('RT! Act') enacts that
public authorities shall make known the particulars of the
facilities available to citizens. While the issue of the BCCI
being amenable to the RT! Act is sub judice before the High
Court of Madras in WP.No.2022912013, many respondents
D who appeared and interacted with the Committee were of the
view that BCCI's activities must come under the RT! Act.
Having regard to the emphasis laid by the Hon 'ble Supreme
Court that BCCI discharges public functions and also the
Courts reference to indirect approval of the Central and State
E Governments in activities which has created a monopoly in
the hands of the BCCI over cricket, the Committee feels that
the people of the country have a right to know the details
about the BCCI's functions and activities. It is therefore
recommended that the legislature must seriously consider
bringing BCCI within the purview of the RT! Act. "
F
82. We are not called upon in these proceedings to issue any
direction in so far as the above aspect is concerned. All that we need
say is that since BCCI discharges public functions and since those
functions are in the nature of a monopoly in the hands of the BCCI with
tacit State Government and Central Government approvals, the public at
G largt; has fl right to know and demand information as to the activities and
functions of the BCCI especially when it deals with funds collected in
relation to those activities as a trustee of wherein the beneficiary happens
to be the people of this country. As a possible first step in the direction
in bringing BCCI under purview of Right to Information Act, we expect
H the Law Commission oflndia to examine the issue and make a suitable
BOARD OF CONTROL FOR CRICKET v. CRICKET 687
ASSOCIATION OF BIHAR [T. S. THAKUR, CJ!]
recommendation to the Governmer.t. Beyond that we do not consider it A
necessary to say anything at this stage.
83. So also the recommendation made by the Committee that
betting should be legalized by law, involves the enactment of a Law
which is a matter that may be examined by the Law Commission and
the Government for such action as it may consider necessary in the B
facts and circumstances of the case.
84. The third recommendation which has given rise to some debate
at the bar touches the broadcast/ telecasting of sporting events hosted
by the BCCI. The Committee appears to have taken the view that
commercial expediency has overtaken the need for a neat telecast of c
the events for the benefit of the viewers. The Committee has observed :
"Commerce has also overtaken the enjoyment of the sport,
with advertisement continuing many a time, even after the
first ball and again commencing even before the last ball of
the over is played, thereby interrupting the full ,and proper D
broadcast of the game. Regardless of the wicket that has
fallen, century having been hit or other momentous event,
full liberty is granted to maximize the broadcasters income
by cutting away to a commercial, thereby robbing sport of its
most attractive attribute - emotion. It is recommended that
all existing contracts for international Test & One-Day E
matches be revised and new ones ensure that only breaks taken
by both teams for drinks, lunch and tea will permit the
broadcast to be interrupted with advertisements, as is the
practice internationally. Also,vthe entire space of the screen
during the broadcast will be dedicated to the dispfay of the F
game, same for a small sponsor logo or sign. "
85. BCCI has filed objections in so far as the above
recommendations are concerned. Firstly, it is stated that the telecast/
broadcast of the game covers the entire over, narriely, from the first ball
to the last ball of the over and no part of the game's telecast is hampered G
by commercial exploitation of the event. The second contention urged is
that the revision of contracts already fixed is likely to result in serious
financial difficulties and other implication which will not be in the interest
of the game. It is also contended that any modification of the contractual
terms and conditions at this stage is likely to result in a heavy financial
H
688 SUPREME COURT REPORTS [2016] 8 S.C.R.
A loss to the BCCI. To the same effect was the submission which Mr.
Venugopal, Counsel appearing for the BCCI who argued that commercial
aspect of the game could be best left to be considered by the BCCI and
any change if at all called for could be introduced after the expiry of the
existing contracts. This was without prejudice to Mr. Venugopal's
submission that the pleasure of watching the game on television sets or
B
on radios was in no way affected by the commercial exploitation of the
event.
86. The Committee's concern, it is evident from the passage
extracted above is about the excessive exploitation of the commercial
space granted to the broadcaster and in the process affecting the viewers'
c ability to view the game in the best possible way. The Committee's
recommendation is obviously based on the premise that even the viewers
have a right to view the game uninterrupted by any commercials and
that the BCCI's ability to encash the popularity of the game may be
affected ifthe interest of the viewers and resultantly their numbers was
D reduced by excessive exploitation of the commercial space. It is, however,
difficult for us in these proceedings to authoritatively pronounce upon
the impact that the current contracts have on the viewers ability to enjoy
the game without interruption or the financial implication that may arise
in case the contracts are modified as recommended by the Committee.
The proper course, in our opinion, is to leave the recommendation as it is
E for the consideration of the BCCI with the observation that BCCJ may
keeping in mind the sentiments expressed by the Committee ensure that
the viewers get to see an uninterrupted broadcast of the match from the
first till the last ball of the over and limiting the commercial advertisement
in terms of time and space to an extent that will not deprive the viewers
F of the pleasure of watching the game in full. We make it clear that we
have not expressed any opinion in this regard and leave it for the BCCI
to examine the matter from all possible angles and take a considered
decision having regard to the recommendations made by the Committee
and the feasibility of any modification in the existing contracts.
G 87. Last but not the least is the recommendation made by the
Committee that the Governing Council of the IPL ought to be reconstituted
so as to comprise three ex-officio members of the BCCI namely; the
Secretary, the Treasurer and the CEO. Two representatives of the
Members ofBCCI to be elected by the General Body, two nominees of
the IPL franchisees and one nominee each to be nominated by the C&AG
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 689
ASSOCIATION OF BIHAR [T., S. THAKUR, CJJ]
and from the Players' Association. The BCCI has objected to the A
recommendation in so far as same pertains to induction of two nominees
of the franchisees. The BCCI contends that the induction of the nominees
from the franchisees is impermissible because important matters like
players retention policy, posting of umpires for IPL matches, etc. are
deliberated upon and decided by the Governing Council itself. There is B
therefore an evident conflict of interest between the nominees of the
IPL franchisees on the one hand and their role as members of the
Governing Council on the other. The BCCI contends that this Court has
set aside an amendment by which the ECCi had permitted persons
affiliated with the franchisees to take part in the management of the IPL
on the ground that the same violates the principle of institutional integrity. C
The induction of the representatives of the franchisee would however,
bring about a conflict of interest which is neither permissible nor desirable.
88. The recommendation made by the Committee does n-ot
elaborately deal with the need for induction of the nominees of the IPL
franchisees in the Governing Council. All that is said is that the Governing , D
Council has denied any role to the franchisee companies and that there
is no independent voice in the Governing Council which is dominated by
the full members of the BCCI and two former cricketers. The Committee
does not appear to have addressed the question of conflict of interest in
'the event IPL franchisees place two nominees in the Governing Council
keeping in view. the fact that the Governing Council takes important E
decisions like players retention policy and in posting ofumpires for IPL
matches etc. There is prima facie a possibility of conflict of interest
arising out of the franchisees representation in the Governing Council.
Be that as it may we do not consider it necessary to finally pronounce on
this aspect which can be better left fo the Committee to re-examine in F
the light of what has been observed earlier. We make it clear that if
upon reconsideration of the matter the Committee takes a view that the
induction of the nominees of the franchisees will not result in any conflict
of interest, it shall be free to stick to its recommendations in which event
the recommendations shall be deemed to have been accepted by this
Court to be formalized and carried out in such manner as the Committee G
may decide.
89. We may, in conclusion, deal with two other recommendations
which have also come under criticism by the BCCI and the intervening
associations. The first of these recommendations proposes a cap on the
H
690 SUPREME COURT REPORTS [2016] 8 S.C.R.
A number of terms for which an officer bearer can serve and the optimum
period for which one can be a member of the apex council. The
recommendation also provides for cooling off period between two terms ..
It also prescribes grounds for disqualification of office bearer which
were otherwise absent in the existing rules and regulations of the BCCI.
These recommendations come in the wake of a finding by the Committee
B
that under the present dispensation office bearers could continue for
any numberof terms. It was also noticed that no grounds for disqualifying
an office bearers were prescribed. The Committee found both of these
to be unacceptable and, in our opinion, rightly so. Given the problems
that often arise on account of individuals holding office for any number
c of consecutive terms, the Committee was, in our opinion, justified in
recommending the length of a term in office. A three year term
recommended by the Committee is, in our opinion, reasonable. So also,
the prescription of cooling off period between two terms cannot be faulted.
Similarly, an optimum period of9 years as a member of the apex council
cannot also be termed ~s unreasonable. Grounds for disqualification
D
like unsoundness of mind, the member becoming a minister or holding a
membership in any sporting body also meet the requirement of
reasonableness and do not call for interference from th<> court. The
contention that the recommendations have no rationale or that the same
are contrary to the provisions of the Tamil Nadu Societies Registration
E Act deserve notice only to be rejected.
90. The other recommendation which we may deal with is the
overhaul of the existing Committees of the BCCI on the ground that
they do not have clearly defined terms of reference. The Committee
has on the basis of a thorough consideration and deliberation with all
F concerned recommended that the BCCI ought to adopt an approach
that would institutionalize the management of its administrative affairs
rather than such affairs being run on an ad-hoc basis. The Committee
has, on that premise, recommended an administrative set up which it has
evolved on the basis of its interactions with people who have the
necessary expertise and insight into the needs of the BCCI and its
G associations. We, therefore, see no compelling reason for us to reject
the recommendation made by the Committee, especially when the
objective underlying the said recommendation is not only laudable but
achievable through the medium of the change recommended by the
Committee.
H
BOARD OF CONTROL FOR CRICKET v. CRICKET 691
ASSOCIATION OF BIHAR [T. S. THAKUR, CJI]
91. In the result, we accept the report submitted by the Committee A
and the recommendations made therein with such modifications and
clarifications as have been set out by us in the body of this judgment.
Having said that we must hasten to add that the illJplementation qfthe
recommendations is equally important and ought to be achieved within a
reasonable period. The transition from the old to the new system B
recommended by the Committee shall have to be under the watchful
supervision of this Court. Constrains of time and the multiple dimensions
of the recommendations made however make it difficult for us to take
that supervisory role upon ourselves. The supervision of the transition
can, in our opinion, be left to be undertaken by the Committee not only
because it has a complete understanding of and insight into the nature of C
the problems sought to be remedied but also the ability to draw time lines
for taking of steps necessary for the implementation of the proposed
reforms. We are conscious of fact that the process may be time
consuming but we hope that the same should be completed within a
period of four months or at best six months from today. We, therefore, D
request the committee headed by Justice Lodha to draw appropriate
timelines for implementation of the recommendations and supervise the
implementation thereof.
92. Needless to say that the BCCI and all concerned shall
cooperate and act in aid of the Committee and its directives. Should any
impediments arise, the Committee shall be free to seek appropriate E
directions from this Court by filing a status report in that regard.
93. The Committee shall be free to determine and direct payment
of its fee for the time it devotes pursuant to this order.
94. With these observations we dispose of the matter finally placing F
on record our deep appreciation for the commendable work which the
Committee has done in a short period. We also place on record our
appreciation and gratitude to Mr. Gopal Subramanium, senior advocate,
for lending valuable assistance to us as Amicus Curiae. No costs.
Devika Gujral Appeals disposed of. G
H
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