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2018 (8) TMI 2062 - SC - Indian LawsReforms in the administration of cricket proposed by a Committee - Issues relating to membership and Associate Membership - Number of members in Selection Committee and related matters - Cooling off period - Disqualifications - Constitution of the Apex council - Conditions imposed on State Associations - Power/Duties of Office Bearers and Professional Management (CEO) - No interference at all in the functioning of BCCI - Binding value of Frequently Asked Questions issued by the Hon ble Justice Lodha committee. Issues relating to membership and Associate Membership One State One Vote - HELD THAT - The one state one vote norm and the principle of territoriality have given rise to specific objections. Historically in the State of Maharashtra there have been three associations each of which fields its own cricket team in the Ranji Trophy (i) Maharashtra; (ii) Mumbai and; (iii) Vidarbha. Similarly in the State of Gujarat there have been three associations representing (i) Gujarat; (ii) Baroda; and (iii) Saurashtra. In both the states these associations have made a signal contribution to the cricketing history of the nation. Besides fielding teams for the Ranji Trophy these associations have produced players of national and international repute. The amicus has responded to the plea before this Court for allowing full membership to the three associations each in the States of Maharashtra and Gujarat - The amicus while recognising the circumstances of history pertaining to Maharashtra and Gujarat submits that the recommendations of the Lodha Committee which have been accepted in the principal judgment seek to bring about uniformity in the structure of management and a certain amount of domestic equality. However he suggests that the releasing of grants and such other requirements as may be necessary for constituents must be suitably addressed by the CoA and by the regularly elected Apex Council. It is clarified specifically that the representative from Railways who would exercise voting power must be a former cricketer who has represented Indian Railways and who is elected by an association of former players from the Indian Railways and not a person nominated by the government or the Railway Sports Promotion Board. Services and Association of Indian Universities - HELD THAT - The Services team represents the Armed Forces of the nation. The Services have a long history of association with Indian sports in general and with cricket as well. Having regard to the pre-eminent position occupied by the Services including the Army Navy and Air Force in propagating the cause of sports and cricket we are of the view that the same principle which we have followed in the case of Railways should be followed in their case. Similarly the Universities are a nucleus for encouraging the game of cricket among players of the college going generation in the country - The amendment which has been proposed to the draft constitution by the amicus in the case of the Railways shall be suitably modified to also cover the Services and the Association of Indian Universities. The representative respectively for Services and the Association of Indian Universities shall be a former cricketer who has played for them respectively and is elected by an association of former players and not a person nominated by the government/ sports control board. Number of Selectors - HELD THAT - The Lodha Committee restricted the number of selectors to three. While doing so it opined that with the constitution of a Cricket Talent Committee a three-member selection committee will be more compact increase the authority of the Selection Committee and make it accountable for team performance - Until the elections to the BCCI take place the CoA is empowered to consult with the Cricket Advisory Committee comprising of reputed former international cricketers and to constitute a Committee of Selectors. Cooling off period - HELD THAT - The Committee has been guided by the need to ensure that vested interests do not emerge out of the indefinite continuation in office of one or more individuals. These recommendations seek to enforce a rule against self-perpetuation by stipulating the period of each term of office the number of terms which a single individual may hold and the requirement of a break between successive terms. The recommendations can be construed as an effort to ensure a dispersal of authority so that control over BCCI and the state associations is not concentrated in the hands of one or a limited group of persons. The proposals for setting limits on tenures and terms were incorporated in a section which the Committee describes as the end of the innings . While dealing with the objections to a cooling off period it is necessary at the outset to emphasise that the term of an office bearer cannot be regarded either as an opportunity to enrich himself or as a matter involving continuity of service . The expression enriched himself may have a legitimate connotation if it adverts only to experience gained. Otherwise enrichment in the form of personal aggrandisement is precisely what was frowned upon by the Lodha Committee and for justifiable reasons. The position of an office bearer in the state associations and in the BCCI is not a matter of service in the conventional sense. Office bearers should not construe their position as employees with a vested right to a particular tenure of service. Undoubtedly the submission that individuals must continue for a period which enables them to develop experience in the administration of the game cannot be discounted - the requirements that the term of office of an office bearer should be three years; and that an individual should not hold office in the BCCI for a period excess of nine years (regardless of the post held) with a similar stipulation of nine years for the state associations is manifestly in public interest. Both the stipulations are valuable safeguards to ensure against the concentration of power. A cooling off period has several features which are of utmost importance (i) it is a safeguard against the development of vested personal interests; (ii) it ensures against the concentration of power in a few hands; (iii) it facilitates a dispersal of authority; and (iv) it encourages the generation of a wider body of experienced administrators. Cooling off must be accepted as a means to prevent a few individuals from regarding the administration of cricket as a personal turf. The game will be better off without cricketing oligopolies. The Registrar of Societies under the Tamil Nadu Societies Registration Act 1975 shall upon the presentation of the said Constitution by the CEO register the documents forthwith and report compliance by way of a report to the Secretary General of this Court within four weeks - Upon the registration of the said Constitution of BCCI each of the members shall undertake registration of their respective Constitutions on similar lines within a period of 30 days thereafter. A compliance certificate must be furnished to the CoA which shall file a status report before this Court with reference to the compliance undertaken by the State Associations - In the event that any State Association does not undertake compliance with the abovesaid directions the directions contained in the orders of this Court dated 7 October 2016 and 21 October 2016 shall revive.
Issues Involved:
1. Issues relating to membership and Associate Membership 2. Number of members in Selection Committee and related matters 3. Cooling off period 4. Disqualifications 5. Constitution of the Apex Council 6. Conditions imposed on State Associations 7. Power/Duties of Office Bearers and Professional Management (CEO) 8. No interference at all in the functioning of BCCI 9. Binding value of Frequently Asked Questions issued by the Hon’ble Justice Lodha committee Detailed Analysis: A. Issues relating to membership and Associate Membership: One State – One Vote The draft constitution of BCCI proposed that each state shall have one full member, and no state shall have more than one full member. Historically, states like Maharashtra and Gujarat have multiple associations (e.g., Mumbai, Maharashtra, Vidarbha in Maharashtra; Gujarat, Baroda, Saurashtra in Gujarat) contributing significantly to cricket. The court acknowledged their contributions and restored full membership to these associations. Railways, Services, and the Association of Indian Universities were also granted full membership due to their significant contributions to cricket, with the stipulation that representatives must be former cricketers elected by their respective associations. B. Number of Selectors The Lodha Committee recommended a three-member selection committee, but the court increased this to five due to the vastness of the country and the extensive travel required to spot talent. The criteria for selectors include having played a minimum of seven Test matches, thirty first-class matches, or ten One Day Internationals and twenty first-class matches. The court accepted the amendments suggested by the amicus curiae regarding the composition and responsibilities of the selection committees for men, women, and junior cricket. C. Cooling Off Period The Lodha Committee recommended a three-year term for office bearers with a mandatory cooling off period after each term. The court modified this to allow an office bearer to serve two consecutive terms (six years) before a cooling off period of three years is required. This aims to prevent the concentration of power and ensure a dispersal of authority, while still allowing experienced individuals to contribute effectively. D. Disqualifications The court accepted the disqualifications proposed in the draft constitution with modifications suggested by the amicus curiae. Disqualifications include not being a citizen of India, being over 70 years old, being insolvent or of unsound mind, being a minister or government servant, holding office in another sports association, having served as an office bearer for nine years, and being charged with a criminal offense. E. Constitution of the Apex Council The court approved the functional distinction between the General Body and the Apex Council, emphasizing professional management through the CEO and other officers. The Apex Council, consisting of nine members, is responsible for the administration of BCCI, ensuring strategic guidance, efficient management, and a balance of authority. F. Conditions Imposed on State Associations The court directed that state associations must register their constitutions in line with the BCCI constitution within 30 days of its registration. Compliance certificates must be furnished to the Committee of Administrators (CoA), which will file a status report before the court. G. Power/Duties of Office Bearers and Professional Management (CEO) The court emphasized the need for professional management of BCCI, with the CEO and other officers recruited transparently. The responsibilities and powers of the CEO and other managers are clearly delineated to ensure efficient administration. H. No Interference at All in the Functioning of BCCI The court reiterated that the functioning of BCCI should be free from interference, ensuring that the administration and management are conducted professionally and transparently. I. Binding Value of Frequently Asked Questions Issued by the Hon’ble Justice Lodha Committee The court upheld the binding value of the FAQs issued by the Lodha Committee, ensuring that the recommendations and guidelines provided are followed meticulously. Conclusion: The Supreme Court of India approved the draft constitution of BCCI with modifications, emphasizing professional management, transparency, and a balance of authority. The court restored full membership to historically significant cricket associations, increased the number of selectors, modified the cooling off period, and outlined clear disqualifications for office bearers. State associations must align their constitutions with the BCCI constitution, and the CoA is empowered to ensure compliance and submit further reports for future directions.
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