BOARD OF CONTROL FOR CRICKET Vs CRICKET AASOCIATION OF BIHAR .
Bench: HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Judgment by: HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
Case number: C.A. No.-004235-004235 / 2014
Diary number: 24114 / 2013
Advocates: CYRIL AMARCHAND MANGALDAS AOR Vs
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 4235 OF 2014
Board of Control for Cricket .....APPELLANTS in India and Ors.
Versus
Cricket Association of Bihar & Ors. .....RESPONDENTS
With
CIVIL APPEAL No. 4236 OF 2014
With
CIVIL APPEAL No. 1155 OF 2015
With
WRIT PETITION (CIVIL) No. 46 OF 2017
With
2
CONTEMPT PETITION (CIVIL) No. 47 OF 2017
In
CIVIL APPEAL No. 4235 OF 2014
With
WRIT PETITION (CIVIL) No. 287 OF 2017
With
CONTEMPT PETITION (CIVIL) No. 959 OF 2017
In
CIVIL APPEAL No. 1155 OF 2015
With
CONTEMPT PETITION (CIVIL) No. 1835 OF 2017
In CIVIL APPEAL No. 4235 OF 2014
J U D G M E N T
Dr D Y CHANDRACHUD, J
1 While pronouncing its judgment on 18 July 2016 in Board of Control for
Cricket in India v Cricket Association of Bihar1, this Court accepted the
1(2015) 3 SCC 251
3
reforms in the administration of cricket proposed by a Committee chaired by
Justice RM Lodha2. The review petition has been dismissed. On 2 January
2017, this Court directed that a Committee of Administrators3 shall supervise
the administration of BCCI through its Chief Executive Officer. The CoA was
constituted on 17 January 2017. On 24 July 2017, this Court directed that except
for certain outstanding issues which were identified, the recommendations of
the Lodha Committee must be implemented:
“...(c) All concerned shall implement the recommendations of
the Justice Lodha Committee Report as far as practicable,
barring the issues which have been raised pertaining to
membership, number of members of the selection
committee, concept of associate membership, etc. The
purpose is to implement the report as far as practicable
and, thereafter, it shall be debated as to how the scheme of
things can be considered so that the cricket, the ‘gentleman’s
game’, remains nearly perfect. Be it noted, the issue with
regard to disqualification or qualification of the representative
is kept open.” (Emphasis supplied)
On 23 August 2017, the CoA was entrusted to prepare a draft constitution in
accordance with the judgment rendered on 18 July 2016 and the order dated 24
July 2017. Modalities were evolved by this Court to consider the concerns of
stakeholders by ensuring that the draft constitution is duly circulated between
all the counsel so that their suggestions could be evaluated. This Court
observed :
2Abbreviated in this judgment as the Lodha Committee
3Abbreviated as CoA
4
“we…direct the Committee of Administrators to prepare a
draft Constitution in terms of the main judgment as well as
the order dated 24th July, 2017. A copy of the draft
Constitution shall be handed over to Advocate-on-Record
assisting the learned counsel for the respondents. A copy of
the draft Constitution be also handed over to Mr. B.K. Prasad,
learned counsel assisting Mr. Ranjit Kumar, learned Solicitor
General . Suggestions, if any, to the draft Constitution be
handed over to the learned counsel assisting the learned
Amicus Curiae and Mr. Parag P. Tripathi so that they can
prepare a chart and will be in a position to give their comments.
...
On the next date of hearing, besides the three aspects that
have been mentioned in the order dated 24th July, 2017,
any aspect which is sought to be raised by the Association
can be raised. But, it is to be impressed that the
suggestion must have acceptable sanctity. It should not
be raised for the sake of raising an objection.” (Emphasis
supplied)
2 On 21 September 2017, the CoA made a grievance that quite apart from
the fact that no suggestions were received, a concerted effort was made by the
office bearers of BCCI not to abide by the judgment of the Court. Hence, on 21
September 2017, the Court while recording the above submission extended
another opportunity to receive suggestions to the draft constitution :
“In the course of hearing, it is submitted by Mr. Parag P.
Tripathi, learned senior counsel appearing for the Committee
of Administrators that though a draft constitution was
handed over to the office bearers of B.C.C.I. and also to all
concerned, no suggestion has been received and a
concerted attempt has been adopted by the office bearers
of B.C.C.I. not to follow the judgment of this Court.
We may hasten to add that in our previous order dated 24th
July, 2017, we have clearly indicated that three to four
aspects shall be debated. The suggestions in that regard can
be given to Mr. Parag P. Tripathi, learned senior counsel
appearing for the Committee of Administrators, Needless to
emphasize, Mr. C.K. Khanna, Mr. Anirudh Chaudhry and Mr.
Amitabh Choudhary, Office Bearers of B.C.C.I. shall fully
5
cooperate while giving the suggestions. If the aforesaid three
Office Bearers do not give suggestions in accordance with the
judgment of this Court which has accepted the Justice Lodha
Committee report, they shall face serious consequences. The
draft constitution shall include the suggestions given by
Justice Lodha Committee in its entirety so that a holistic
document comes before this Court. After the document is
placed before the Court, the claims of Railways. Universities
and Services and the other cricket Associations, who are of the
view that concept of ‘one State one vote’ should not be
applicable keeping in view their contribution to the game of
cricket, shall be considered. The suggestions, shall be given
within three weeks hence. For the purpose of drafting out the
constitution after taking note of the suggestions, to make it final
for the purpose of approval by this Court, the Office Bearers of
B.C.C.I shall not hold a General Body Meeting.”
(Emphasis supplied)
3 On 27 October 2017, the CoA filed a draft constitution for BCCI and its
office bearers. Suggestions to the draft received from state cricket associations
and other parties were filed by the CoA together with comments on the proposed
suggestions, in a status report dated 12 January 2018. On 1 May 2018, this
Court noted that suggestions to the draft constitution have been filed and would
be finalized by the Court. In the interest of fairness, it was however observed
that any further suggestions that a state cricket association may have, could still
be forwarded to the amicus. Accordingly, the following directions were issued :
“A draft Constitution meant for the B.C.C.I. and its Office
Bearers has been filed on 27.10.2017. Suggestions to the
same by various State Cricket Associations have also been
filed and the same have been attached to the draft
Constitution. The draft Constitution shall be finalized by
this Court.
In the meantime, if any State Cricket Association intends
to file any further suggestion, they may submit the same
in bullet points to Mr. Gopal Subramanium, learned
Amicus Curiae, who shall compile the suggestions and file
it before this Court within three days.
6
It is hereby made clear that the draft Constitution approved
by this Court shall not be debated upon and shall stand
finalized, only subject to the determination made in the
application(s) for recall of the primary judgment, pending
adjudication before this Court.
Let the matter be listed on 11.5.2018.” (Emphasis supplied)
4 Following this comprehensive exercise which has been taken by the CoA,
the amicus and by all the learned Counsel appearing on behalf of diverse
parties, including state cricket associations and those who have served as office
bearers of BCCI, the suggestions made by all stakeholders have been compiled
and presented to the Court. The amicus has, in the course of compiling the
suggestions, informed the Court that as many as nineteen state cricket
associations, the Association of Indian Universities, the Cricket Club of India and
National Cricket Club, the Administrator appointed by the Delhi High Court for
DDCA and two officer bearers of BCCI (Mr Amitabh Choudhary, Secretary and
Mr Anirudh Chaudhary, Treasurer) have submitted suggestions. We have heard
all the stakeholders who wished to be heard at length so as to enable the Court
to form a holistic perspective. The purpose of this exercise is to finalise the text
of BCCI’s Constitution which incorporates the principles which find acceptance
by the Lodha Committee (and affirmed by this Court), while at the same time
ensuring a measure of practicality in implementation. The acrimony which
witnessed the proceedings earlier has given way to a robust cooperation by the
counsel appearing for all the stakeholders. Before we deal with the suggestions,
we must commend the approach adopted by all the stakeholders before this
Court. All the learned Counsel who advanced submissions made a fair attempt
7
to resolve the outstanding issue of finalizing the draft constitution, with a sense
of objectivity. It was after hearing extensive arguments of all the learned Counsel
that on 5 July 2018, this Court reserved orders on the question of finalizing the
draft constitution having due regard to the contents of the draft placed on the
record and the suggestions of the learned amicus Curiae and counsel.
5 Broadly speaking, the suggestions which have been received to the draft
constitution have been divided by Mr Gopal Subramanium, learned amicus
Curiae under the following heads :
a) Issues relating to membership and Associate Membership;
a) Number of members in Selection Committee and related
matters;
b) Cooling off period;
c) Disqualifications;
d) Constitution of the Apex council;
e) Conditions imposed on State Associations;
f) Power/Duties of Office Bearers and Professional
Management (CEO);
g) No interference at all in the functioning of BCCI; and
h) Binding value of Frequently Asked Questions issued by the
Hon’ble Justice Lodha committee.
We propose to examine the issues which have been raised during the course of
hearing.
8
A. Issues relating to membership and Associate Membership: One State – One Vote
6 Rule (3)(a)(i) of the draft constitution contemplates that membership of
BCCI shall consist of (i) Full members and; (ii) Associate members. The text of
the draft constitution provides thus :
“(ii) Full Members
A. Each State shall be represented by a state cricket
association duly recognized by the BCCI and such
associations shall be Full Members. No State shall have
more than one Full Member at any given point of time.
B. The associations who are the controlling bodies for
cricket in the following States shall be the Full Members
of the BCCI:
1. Andhra Pradesh
2. Arunachal Pradesh
3. Assam
4. Bihar
5. Chhattisgarh
6. Delhi
7. Goa
8. Gujarat
9. Haryana
10. Himachal Pradesh
11. Jammu and Kashmir
12. Jharkhand
13. Karnataka
14. Kerala
15. Madhya Pradesh
16. Maharashtra
17. Manipur
18. Meghalaya
19. Mizoram
20. Nagaland
21. Orissa
22. Punjab
23. Rajasthan
24. Sikkim
25. Tamil Nadu
26. Telangana
27. Tripura
28. Uttar Pradesh
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29. Uttarakhand
30. West Bengal
C. In States with multiple Existing Members, the full
membership shall rotate annually among such Existing
Members such that only one of them will exercise the
rights and privileges of a Full Member at any given point
of time. The rotation shall be as per the policy framed by
the BCCI.
D. Where disputes are pending regarding the duly
recognized association to represent a particular State,
the State shall be represented by the recognized
association, subject to any order of the Court or
resolution of the BCCI as the case may be.
(iii) Associate Members
A. Any Existing Member (including an Existing Member
who is not exercising the rights and priileges of a Full
Member in terms of Rule 3(1)(ii)C above) shall be an
Associate Member of the BCCI.
B. The BCCI may induct any other entity as an Associate
Member, subject to all the conditions and
disqualifications laid down in Rule 33(b)(b) below.”
7 In Chapter 1 of its report titled “The Structure and Constitution”, the
Lodha Committee dealt with membership of BCCI and anomalies perceived in
its composition. The Committee took note of the fact that several states such as
Bihar, Chhattisgarh, Uttarakhand, the six north-eastern states (except Tripura)
and Union Territories (except Delhi) lack representation on the Board. On the
other hand, the Committee perceived an anomaly in that states like Maharashtra
and Gujarat hold three full memberships each. The Committee noted that the
Services Sports Control Board (“Services”), Railway Sports Promotion Board
(“Railways”) and Association of Indian Universities (“Universities”) do not as
such represent any specified territory but are actively involved in the game of
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cricket whereas some members like the National Cricket Club at Kolkata and
the Cricket Club of India at Mumbai do not represent any territory. The Lodha
Committee relied upon territoriality as a determining factor for the grant of full
membership. Railways, Services and Universities not being tied to the territory
of one state were denied full membership. Though Gujarat fielded three cricket
teams (Gujarat, Saurashtra and Baroda) and so did Maharashtra (Mumbai,
Maharashtra and Vidarbha) both states would each have one Full membership.
The Lodha Committee recommended that the status of associate member
should be granted to those members who do not represent any territory.
8 In the principal judgment of this Court dated 18 July 2016, the one state -
one vote norm was accepted. While doing so this Court observed thus :
“62. That brings us to the question whether “One State One
vote” recommended by the Committee suffers from any
legal or other infirmity sufficient for this Court to reject the
same. The recommendation made by the Committee has a
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.
The other aspect of the recommendation is the reduction of the
full membership of at least four existing full members to the
status of associate members from the states of Maharashtra
and Gujarat.
63…We see no merit in that contention nor do we see any
reason to disagree with the recommendation made by the
committee, who has upon a thorough consideration of all facts
and circumstances relevant to the working of the BCCI,
recommended the conversion of the clubs and associations
without a territory from full members to associate members.
This is a measure which has been recommended with a
view to structurally streamlining the BCCI to make it more
responsive and accountable having regard to the
aspiration of different regions for an equal opportunity to
participate in the growth and promotion of the game in the
country.
11
65…a balance has to be struck with historical reality and the
need for adopting a pragmatic, uniform and principled
approach aimed at reforming and rationalizing BCCI’s
structural edifice. The recommendation made by the
Committee to the extent it provides for one vote for each state
is unexceptionable nor should there be any compromise with
what is proposed as a reformative measure. Even so the
question is whether BCCI, in the peculiar situation prevalent in
these two states, is in a position to recognize one of the three
Associations representing different territories in those two
States as the one that would represent the entire State.....That
being so, the only reasonable and rational answer to the
problem within the broad principle of One State One Vote
would be to allow the full membership of BCCI to rotate
among the three clubs on an annual basis.”
(Emphasis supplied)
9 The one state – one vote norm and the principle of territoriality 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 submits that the order of this
Court mandates that there should be an annual rotation of the constituent
members of Maharashtra and Gujarat so that every year, one of the three
constituent members would be capable of voting and participating in the general
body. Moreover, it has been submitted that for the elections to the Apex Council
12
which take place once every three years, the first member association which
has already cast a vote should not be able to cast a vote at the end of three
years but must pass it on to the next association in turn. In this manner, it has
been suggested that all the three constituent associates of the two states will
have due opportunity to not only participate in the affairs of the general body but
would have an opportunity to vote at the end of three years. In the view of the
amicus, a rotational policy is eminently practicable for Maharashtra and Gujarat
and the mandate of the principal judgment brings about parity and fairness so
that no constituent member is excluded from the general body for a period
exceeding one year. However, it has not been explained how, once full
membership has been granted, what legal principle can be applied for adopting
a rotational policy. The amicus while recognising the circumstances of history
pertaining to Maharashtra and Gujarat submits that the recommendations of the
Lodha Committee which have been accepted in the principal judgment seek to
bring about uniformity in the structure of management and a certain amount of
domestic equality. However, he suggests that the releasing of grants and such
other requirements as may be necessary for constituents must be suitably
addressed by the CoA and by the regularly elected Apex Council.
10 We are of the view that it is necessary to restore full membership in the
constitution of the BCCI to the three associations each in the State of
Maharashtra (Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat,
Baroda and Saurashtra). During the course of the hearing, written submissions
13
have been placed on the record in which the contributions of Baroda,
Saurashtra, Mumbai and Vidarbha have been set out. We need to extract them
here:
“BARODA CRICKET ASSOCIATION
Cricket was introduced to Vadodara city by the Maharaja of
Baroda, Sayajirao Gaekwad in 1934 and Moti Bagh Stadium
was the home of Baroda cricket. Since then Baroda has
emerged 5 times as Ranji Trophy Champrions in the year
1942-43, 1946-47, 1949-50, 1957-58 & 2000-01.
Baroda had produced many famous cricketers of international
level in the past such as Vijay Hazare, Gogumal Kishenchand,
Jayasinghrao Ghorpade, Deepak Shodhan and in the present
generation Datta Gaekwad, Chandu Borde, Kiran More,
Anshuman Gaekwad … Jitendra Patel. Amongst the later crop,
Irfan Pathan, Yusuf Pathan, Zaheer Khan and Munaf Patel
have played for this association.”
“MUMBAI CRICKET ASSOCIATION
In the year 1928, ‘the Bombay Presidency (Proper) Cricket
Association’ was formed having geographical limits extending
from Sind in the north to Karnataka (excluding Mysore State)
in the South. In the year 1935 it was re-christened as ‘Bombay
Cricket Association’ as the newly formed Gujarat and
Maharashtra Cricket Association receded from the territorial
limits of the Bombay Presidency (Proper) Cricket Association.
The present day Mumbai Cricket Association or MCA is the
governing body for cricket in Mumbai and its surrounding
regions like Thane and Navi Mumbai. The Mumbai cricket team
is the team for The Mumbai Cricket Association in the Ranji
Trophy. The team has won over 41 titles, the most recent being
in 2015-16. It has also come runner-up in the final of the Ranji
Trophy a total of 4 times. The association owns the Wankhede
Stadium.
Famous cricketers produced by MCA, amongst others, include
Abey Kuruvilla, Ajinkya Rahane, Ajit Wadekar, Ashok Mankad,
Chandu Borde, Dilip Sardesai, Dilip Vengsarkar, Eknath
Solkar, Farokh Engineer, Jatin Paranjpe, Polly Umrigar, Ravi
Shastri, Rohit Sharma, Rustomji Jamshedji, Rusi Modi, Sachin
Tendulkar, Sandeep Patil, Sanjay Manjrekar, Sunil Gavaskar,
Vijay Manjrekar, Vijay Merchant, Vinod Kambli, Wasim Jaffer
etc.”
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“SUARASHTRA CRICKET ASSOCIATION
Saurashtra is one of three cricket teams based in Gujarat
which competes in the Ranji Trophy (the others being Baroda
and Gujarat). Formerly it was known as Nawanagar Cricket
Team. Nawanagar was an Indian princely state in the historical
Halar region, located on the southern shores of the Gulf of
Kutch. Ranjitsinhji often known as ‘Ranji’, was the ruler of the
Indian princely state of Nawanagar from 1907 to 1933, as
Maharaja Jam Saheb, and a noted Test cricketer who played
for the English cricket team. He also played first-class cricket
for Cambridge University, and county cricket for Sussex.
Ranji has widely been regarded as one of the greatest batsmen
of all time. In 1934 the BCCI launched a national competition
between “the princes and the princely states” and it was named
after the greatest Indian player of that time, KS Ranjitsinhji.
Saurashtra won the Ranji Trophy in 1936-37 and were also
runners up in the very next season of 1937-38. They have been
runners up in Ranji Trophy (plate) in 1937-38, 2012-13 and
2015-16.
Famous International players are Cheteshwar Pujara,
Ravindra Jadeja & Jaydev Unadkat.”
“VIDARBHA CRICKET ASSOCIATION
Vidarbha Cricket Association is the governing body of cricket
activities in the Vidarbha region in Maharashtra state and
Vidarbha cricket team. Vidarbha first played first-class cricket
in the 1957-58 season, competing against the other Central
Zone teams until 2001-2002, after which the Ranji Trophy was
no longer contested on a zonal basis. Vidarbha’s best seasons
were 1970-71 and 1995-96, when it reached the quarter-finals
of the Ranji Trophy and 2002-03 and 2011-12, when it reached
the semi-finals of the Plate Group, Vidarbha has played more
than 250 first-class matches.
Umesh Yadav is a member of the Vidarbha Cricket Team.
Vidarbha won the Ranji Trophy and Irani Trophy in the 2017-
2018 season.”
These associations have a long and abiding history of nurturing talent for the
game of cricket in India. The history of cricket in India is replete with their
15
contribution to the cause of cricket. These associations have produced players
who have brought laurels to their states and to the nation. The principle of
territoriality requires that each of the States and Union Territories should have
full membership of BCCI in terms as suggested in clause 3(a)(ii-B). This
becomes a principle of inclusion. To utilise territoriality as a basis of exclusion is
problematic because it ignores history and the contributions made by the above
associations to the development of cricket and its popularity. Having due regard
to the contributions made by Mumbai and Vidarbha in the State of Maharashtra
and by Baroda and Saurashtra in the State of Gujarat to the game of cricket, it
would be appropriate to also grant them full membership of the BCCI. We
however, maintain the decision not to grant the status of full members to the
National Cricket Club and the Cricket Club of India. Neither of the two Clubs
fields teams in the Ranji Trophy. They cannot be placed at par with the other
state associations.
Railways
11 The contribution of Railways to the cause of Indian Cricket is noteworthy.
It has been pointed out before the Court that :
“RAILWAYS SPORTS PROMOTION BOARD
Railways Sports Promotion Board (RSPB) is a sports board run
by the Indian Railways. It promotes 29 sporting disciplines and
owns the Karnail Singh Stadium in New Delhi.
RSPB is a member of the Board of Control for Cricket in India
and RSPB fields the Railways’ cricket team in domestic cricket
competitions in India such as the Ranji Trophy. In recent years
since 2000, Railways have won the trophy twice and become
runners-up as well. As Champions of the Ranji Trophy, they
16
have played the Irani Trophy twice, emerging victorious on
both occasions.
Famous International Cricketers include Mahendra Singh
Dhoni (played for South Eastern Railways & was employed as
a Train Ticket Examiner), Murli Kartik, Sanjay Bangar, Karn
Sharma. In the recently concluded ICC Women’s World Cup
2017, the Indian Women’s Team reached the finals of the
tournament where 10 out of the 15 women cricketers playing
for India are employees of the Indian Railways. In fact Diana
Fram Edulji (one of the members of the COA) has also
represented the Railways.”
12 In suggesting the grant of full membership to the Railways, the amicus
has made certain pertinent comments which are reproduced below :
“Railways fields at least 90% of the members of the Women’s
Cricket Team, i.e. who play for India in the national team. A
question therefore arises whether Railways must be given a
full membership. In view of the security of employment of the
players from Railways as well as the ability to demonstrate
playing skills and having regard to women’s cricket as an
integral part of Indian Cricket, it appears necessary to consider
this as an exception. It is only on these considerations that it is
possible to recommend Railways to a full membership. The
Amicus is of the opinion that this qualifies to be considered as
an exception.”
13 The amendment proposed to the draft constitution is in the following
terms :
“E. Notwithstanding anything contained hereinabove in this
Rule 3(a)(ii), a representative from the Indian Railways shall be
entitled to vote at meetings of the General Body of the BCCI.
However, such representative shall be a former cricketer from
the Indian Railways who is elected by an association of former
players from the Indian Railways and not a person nominated
by the Government/Railway Sports Promotion Board.”
14 We accept the amendment proposed by the amicus. We clarify
specifically that the representative from Railways who would exercise voting
17
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
15 The amicus has not suggested the grant of full membership to Services
and the Association of Indian Universities. For Services, he submits that
sufficient material is not available and that having regard to the need for
insulation from government control, ‘as at present advised’, it is not possible to
recommend the grant of a full membership status. As regards the Association
of Indian Universities, it has been submitted that since they do not field a team
for the Ranji Trophy, full membership status should not be granted.
On the contribution by the Services team to the cause of Indian cricket, we take
note of the following :
“SERVICE SPORTS CONTROL BOARD
The aim of the Service Sports Control (SSCB) is to conduct
inter-services sports championships to select and to train
services sports persons. The board initially was known as the
Army Sports Control Board and was established in 1919. Post-
independence, it was rechristened as Service Sports Control
Board and all the three services are running the organization
on a rotational basis. The Services cricket team plays in the
Ranji Trophy, the premier domestic first-class cricket
competition in India. Under the auspices of the SSCB, the
players represent the Indian armed services.
They first played in the Ranji Trophy in 1949-50. They have
played about 320 matches in the Ranji Trophy.”
Similarly as regards the Association of Indian Universities, we may note that :
“ALL INDIA UNIVERSITIES
18
Many Indian Universities players went on to play Test cricket.
From the first side in 1949-50, for example, Nana Joshi, Pankaj
Roy, Polly Umrigar, Gulabrai Ramchand, Deepak Shodhan
and Subhash Gupte played Tests for India. Three of the 1970-
71 side Ashok Gandotra, Mohinder Amarnath and Budhi
Kunderan played Test cricket. Thereafter Sunil Gavaskar,
Kenia Jayantilal, Surinder Amarnath and Dilip Doshi also
played Test cricket.”
16 The Services team represents the Armed Forces of the nation. 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. We would therefore also grant full
membership to the Association of Indian Universities. The amendment which
has been proposed to the draft constitution by the amicus in the case of the
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.
19
B. Number of Selectors
17 The Lodha Committee restricted the number of selectors to three. While
doing so, it opined that with the constitution of a Cricket Talent Committee, a
three-member selection committee will be more compact, increase the authority
of the Selection Committee and make it accountable for team performance.
18 The Selection Committee is entrusted with the responsibility of selecting
cricket teams for participation at various levels. For the men’s teams, there are
two committees which look after the selection of teams for tournaments in
various formats of the game. These are:
“ I All India Senior Selection Committee:
International matches – Test Matches, ODI Matches
and T20 matches
India ‘A’ teams – both for home and away series
President’s XI / BCCI XI to play visiting international
teams
II All India Junior Selection Committee:
Under-23 cricket
Under-19 cricket
Under-16 cricket”
19 With twenty-eight teams, India is reported to have the highest number of
first class teams in the world. Senior selectors watch over several tournaments
20
during the course of the domestic cricketing season, from August to April every
year. These are :
“1. Ranji Trophy league matches
2. Ranji Trophy knock out matches
3. Vijay Hazare League matches
4. Vijay Hazare knock out matches
5. Mustaq Ali league matches
6. Mustaq Ali Knock out matches
7. Irani Trophy
8. Duleep Trophy
9. Deodhar Trophy.”
20 Apart from domestic cricket, senior selectors also witness India-A team
matches and matches across different formats at home and overseas. National
teams are required to be selected across different formats in accordance with
the ICC schedule. Senior selectors are also part of the team management that
selects the ‘playing eleven’ of the Indian team on the day prior to a match. On
an average, it has been stated, a senior selector travels for nearly 280 days in
a year, with a break during the IPL. Having regard to the vastness of the country
and the need to effectively select from a wide pool of talent, it has been
submitted that restricting the Selection Committee to three persons is not in the
interest of the game and that a five-member selection team would be necessary.
Another aspect which has been highlighted is that generally, a fifteen-member
squad is chosen to represent India at the international level in Test matches,
21
ODIs and T20 matches. About 40 per cent of the players participate in all the
formats. Many cricketers who have had the best of records in domestic cricket
are unable to represent the country in international matches. It has been
submitted before the Court that it is necessary to motivate cricketers at the
domestic level. Hence, cricketers who have not represented India in
international matches should not be excluded altogether from being part of the
Selection Committee.
21 We have been persuaded with the reasons which have been adduced
before the Court for enhancing the number of selectors on the Selection
Committee from three to five. Restricting the number of selectors to three was
recommended by the Lodha Committee with the specific purpose of ensuring
compactness of size, authority of decision making and monitoring performance.
While bearing these factors in consideration, it is necessary to ensure that the
purpose of a broad-based Selection Committee which facilitates a careful
evaluation of the talent pool across the country is achieved. The vast territory of
the nation, the extent of cricket being played both at the national and
international level, the need for selectors to travel extensively to spot talent from
the pool of cricketers and the need to encourage both domestic and international
cricket, are consideration which persuade us to accept the plea for modification
in regard to the number of selectors to five.
22
22 We may note that the amicus has also supported the suggestion that the
number of selectors be increased to five. He however also indicated that this
should be subject to the criteria of a selector having played a minimum of (a)
seven test matches; or (b) thirty first class matches; or (c) ten One Day
Internationals in the fifty over format and a minimum of twenty first class
matches. We accordingly accept the proposed amendment as suggested by the
amicus in the following terms :
“Clause 26(2)A(i)
“The Men’s Selection Committee shall select the Senior
National Team for representation in Tests, One Day
Internationals. T20 and any other format. This Committee shall
also be responsible for providing evaluation reports of the
respective team performances to the Apex Council on a
quarterly basis.”
“Clause 26(2)A(ii)
The Men’s Selection Committee shall consist of five persons
to be appointed by a Cricket Advisory Committee comprising
of reputed former international cricketers identified by the
BCCI at the annual General Meeting, subject to the following
criteria:
(a) Every member of the Men’s Selection Committee
should have played a minimum of
(i) Seven Test Matches; or
(ii) Thirty First class Matches; or
(iii) Ten One Day International Matches and
twenty First Class Matches.
(b) Every member of the Men’s Selection Committee
should have retired from the game at least five years
previously.
The senior most among the members of the Men’s Selection
Committee shall be appointed as the Chairperson.”
“Clause 26 (2) B (i)
23
The Junior Cricket Committee shall consist of five persons to
be appointed by the BCCI at the Annual General Meeting, on
such terms and conditions as may be decided by the Apex
Council from time to time. Only former players who have played
a minimum of 25 First Class games shall be eligible to be
appointed to this Committee, provided that they have retired
from the game at least five years previously. The senior most
amongst the members of the Committee shall be appointed as
the Chairperson.”
“Clause 26 (2) C (ii)
The Women’s Selection Committee shall consist of five
persons to be appointed by the BCCI at the Annual General
Meeting, on such terms and conditions as may be decided by
the Apex council from time to time. Only former players who
have represented the Women’s National Team shall be eligible
to be appointed to this Committee, provided that they have
retired from the game at least five years previously. The senior
most international amongst the members of the Committee
shall be appointed as the Chairperson.”
23 Until the elections to the BCCI take place, the CoA is empowered to
consult with the Cricket Advisory Committee, comprising of reputed former
international cricketers and to constitute a Committee of Selectors consistent
with the above criteria. In regard to the appointment of coaches, managers,
physiotherapists and other staff, we accept the modification suggested in clause
24(5) in the following terms :
“Clause 24 (5)
To appoint Team Officials for the Indian teams which shall
compulsorily include qualified coaches, managers,
physiotherapists, nutritionists, trainers, analysts, counsellors
and medics. However, the Head Coach of each of the National
Teams shall be appointed by the Cricket Advisory Committee
referred to in Rule 26(2)A(ii) below.”
24
C. Cooling Off Period
24 The Lodha Committee recommended that
(i) the tenure of each term for office bearers of the BCCI and state
associations should be three years;
(ii) a maximum of three terms should be allowed regardless of the post
held; and
(iii) there should be a mandatory ‘cooling off period’ after each term.
In making these recommendations, the Committee has been guided by the need
to ensure that vested interests do not emerge out of the indefinite continuation
in office of one or more individuals. These 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”.
25
25 In the principal judgment of this Court, the recommendations of the Lodha
Committee have been accepted for the following reasons:
“20…These recommendations come in the wake of a finding
by the Committee that under the present dispensation office
bearers could continue for any number of terms. The
Committee found both of these to be unacceptable and in our
opinion rightly so.... Given the problems that often arise on
account of the individuals holding the office for any number of
consecutive terms, the Committee was, in our opinion, justified
in recommending the length of a term in office ... The three
years recommended by the Committee is, in our opinion,
reasonable. Similarly, the prescription of cooling off period
between two terms cannot be faulted .... Similarly, an optimum
period of 9 years as a member of the Apex Council cannot be
termed as unreasonable.....” (Emphasis supplied).
26 The recommendations of the Lodha Committee, as adopted by this Court,
have been clarified in two orders dated 20 January 2017 and 24 March 2017.
The clarification by this Court is that when an office bearer who completes nine
years in any post in the BCCI is disqualified to become an office bearer of the
BCCI again. A similar disqualification attaches to a person who has held any
post of an office bearer, in a state association for nine years. For the sake of
clarity, what is indicated in the order dated 24 March 2017 reads thus :
“21…What has been meant by the clarificatory order is that, if
an office bearer has completed nine years in any post in the
B.C.C.I., he shall stand disqualified to become an office bearer
of the B.C.C.I. Similarly, if a person holds the post of office
bearer in any capacity for any State Association for nine years,
he shall stand disqualified for contesting or holding any post or
office of the State Association. To avoid any kind of maze, we
proceed to state by giving an example. If a person has held the
post of office bearer in respect of a State Association for a
period of nine years, he will not be disqualified to contest for
the post of office bearer of the B.C.C.I.”
(Emphasis supplied)
26
27 A considerable amount of fire has been directed against the provision for
a cooling off period. Essentially, the cooling off period stipulates that an office
bearer is not eligible to contest a succeeding election. The recommendation has
been criticised on the ground that an individual who has acquired experience in
working in a particular post for three years is unable to utilise the experience
gained (as a result of a cooling off period of three years) which would be a loss
to the game of cricket. “Continuity of service”, it has been submitted, subserves
the interest of the game and a person who has “enriched himself” over a period
of three years should be allowed to contribute even thereafter without a break.
This, it has been submitted, would enable office bearers to develop their
networks with other cricketing nations and the ICC. Moreover, since an upper
age limit of seventy years is in place, it has been submitted that the requirement
of a cooling off period may be dispensed with. The nature of cricket, it has been
urged, is rapidly evolving and an endeavour must be made to ensure that
individuals with requisite experience are able to contribute to the game.
28 While dealing with the objections to a cooling off period, it is necessary at
the outset to emphasise that the term of an office bearer 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
27
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. Equally, it
is a matter of concern that vested interests and conflicts of interest develop
around power centres which have unbridled authority. Dispersal of authority is
a necessary safeguard to ensure against the perpetuation of power centres.
Individuals who administer the game of cricket must realise that the game is
perched far above their personal interests. Important as experience in
administration is, it is far-fetched to assume – and far more difficult for the court
to accept – that experience rests on the shoulders of a closed group of a few
individuals. In fact, opportunities to a wide body of talent encourage a dispersal
of experience and democratisation of authority.
29 Understood from the above perspective, the requirements that the term
of office of an office bearer should be three years; and that an individual should
not hold office in the BCCI for a period excess of nine years (regardless of the
post held) with a similar stipulation of nine years for the state associations is
manifestly in public interest. Both the stipulations are valuable safeguards to
ensure against the concentration of power.
28
30 The requirement of a cooling off period of three years at the end of every
term in office, however, requires careful consideration. The argument against
the imposition of such a requirement is that by requiring an office bearer who
has held a post for three years to undergo a break of three years prevents office
bearers from applying their knowledge and experience in regard to the
administration of the game of cricket. The submission which has urged before
the Court is that once there is a cap of a nine year tenure for BCCI, with a similar
tenure of nine years for the state associations, an additional cooling off period
of three years at the end of every term of office may not be necessary.
31 The amicus has earnestly supported the cooling off requirement as being
necessary, having regard to the spirit of the Lodha Committee
recommendations. A cooling off period, it has been urged is necessary to ensure
that after a period of three years, a person is not able to migrate to another
association and occupy the position of an office bearer or to occupy any other
position in the same association. The amicus also submits that the expression
‘office bearer’ should not be allowed to be circumvented by being a member of
any other committee. Subject to these safeguards, the amicus agrees that a
person may be able to serve for a period of nine years in the BCCI and nine
years in a state association.
29
32 Having carefully evaluated the submissions which have been urged
before us, we are of the view that a cooling off period should be observed. A
cooling off period has several features which are of utmost importance : (i) it is
a safeguard against the development of vested 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.
33 However, in our view, it would be appropriate to direct that a cooling off
period of three years would apply after an individual holds two successive terms
in office either in the BCCI, or in any state association or a combination of the
two. For instance, if an office bearer has held office for two consecutive terms
in any post in a state association, such an individual must face a cooling off
period of three years. Likewise, if an individual has held any post as an office
bearer of the BCCI for a total period of six years in succession, the individual
must have a cooling off period of three years before seeking election again
either to the BCCI or to a state association. The cooling off period would apply
also in a situation where an individual holds a post for one term in a state
association followed by a post in the BCCI successively or vice versa. This
would ensure that after a period of six years involving two consecutive terms, a
cooling off period would be attracted. Allowing an individual to act as an office
30
bearer for six years in continuation, is a sufficiently long period for experience
and knowledge gained to be deployed in the interest of the game without at the
same time resulting in a monopoly of power.
The cooling off period shall read as follows :
“An office bearer who has held any post for two consecutive
terms either in a state association or in the BCCI (or a
combination of both) shall not be eligible to contest any further
election without completing a cooling off period of three years.
During the cooling off period, such an office bearer shall not be
a member of the governing council or of any committee
whatsoever of the BCCI or of a state association.”
The above principle shall govern Clause 6(4) as well as Clause 14(4) of the draft
constitution. The above principle will ensure that the cooling off period will come
into operation upon a person holding any post for two consecutive terms not
exceeding six years.
34 We accordingly clarify that the position as approved by the Court in the
present order shall be to the following effect:
(i) The term for all posts of office bearers in BCCI and in state associations
shall be three years;
(ii) No person shall hold the position of an office bearer in any state
association, regardless of post, for a period in excess of nine years in the
aggregate;
31
(iii) No person shall hold the post of office bearer in BCCI, regardless of post,
for a period in excess of nine years in the aggregate;
(iv) There shall be a cooling off period of three years after an individual has
held the post of an office bearer for two consecutive terms either in a state
association or in the BCCI or a combination of both; and
(v) The expression ‘office bearer’ should not be permitted to be circumvented
by being a member of any other committee or of the Governing Council
in BCCI or any state association, as the case may be.
D. Division of Functions, Professional Management and
Disqualifications
35 The report of the Lodha Committee postulates that the General body of
the BCCI would consist of full members and associate members. The report
provides for an Apex Council which is responsible for the administration of the
Board.
36 This functional distinction between the General body and the Apex
Council is an institutional safeguard to ensure professional management of
BCCI. The Apex Council is entrusted with the function of professional
management through the Chief Executive Officer, the Chief Financial Officer
and other officers who must be recruited on a transparent and professional
basis. Of the nine members of the Apex Council, five (the President, Vice
32
President, Secretary, Joint Secretary, Treasurer and a member) are to be
elected by the General body.
We approve clause 15 (1) in regard to the Apex Council which reads thus:
“The affairs of BCCI shall be governed by the Apex Council
and its framework of governance shall:
(i) Enable strategic guidance of the entity; (ii) Ensure efficient monitoring of management; (iii) Ensure the performance of the respective roles,
responsibilities and powers of the CEO, Managers, Cricket Committees and Standing Committees except the Governing Council; and
(iv) Ensure a distribution and balance of authority so that no
single individual has unfettered powers.”
E. Disqualifications
37 In regard to disqualifications, we accept the clause in the draft constitution
as proposed with the incidental modifications as suggested by the amicus. The
disqualifications read as follows:
“ Clause 6 (5)
A person shall be disqualified from being an Office Bearer, a
member of the Governing Council or any Committee or a
representative to the International Cricket Council or any
similar organization if he or she:
(a) is not a citizen of India; (b) has attained the age of 70 years; (c) is declared to be insolvent, or of unsound mind; (d) is a Minister or Government Servant or holds a public
office;
33
(e) holds any office or post in a sports or athletic association or federation apart from cricket;
(f) has been an Office Bearer of the BCCI for a cumulative
period of 9 years or of a State association for a cumulative period of 9 years;
(g) has been charged by a Court of Law for having committed
any criminal offence. i.e. an order framing charges has been passed by a court of law having competent jurisdiction.”
38 Clauses 29, 33(1), 33(2) and 45 of the draft constitution with the
modifications suggested by the amicus read as follows :
“Clause 29
INADVERTENT OMISSION TO GIVE NOTICE OF MEETING
Inadvertent omission to give notice of an Annual General or
Special General Meeting or Meetings of the Apex Council or of
any of the Committees to any member entitled thereto or the
non-receipt thereof by such individual shall not invalidate the
proceedings of such meetings.
Clause 33(1)
At least four weeks prior to the Annual General Meeting at
which an election is to be held, the Apex Council shall appoint
an Electoral Officer, who shall be a former member of the
Election Commission of India.
Clause 33 (2)
The Electoral Officer shall oversee and supervise the entire
election process including scrutiny of the electoral rolls for
Councillors and the Players’ Cricket Association, which shall
include all nominations and candidatures being subject to his
scrutiny in accordance with the Rules.
Clause 45
These Rules and Regulations of the BCCI shall not be
repealed, added to, amended or altered except when passed
and adopted by a 3/4th majority of the members present and
entitled to vote at a Special General Meeting of the General
Body convened for the purpose or at the Annual General
Meeting. Any such amendment will not be given effect to
without the leave of the Hon’ble Supreme Court.”
34
39 We approve the above clauses. We are emphatically of the view that once
the draft constitution has been approved by this Court, any amendment should
not be given effect to without the leave of this Court.
40 Having regard to the fact that the draft constitution submitted by the CoA
on 27 October 2017 has now been approved by this Court subject to the
aforesaid modifications, we issue the following directions:
1 The Registrar of Societies under the Tamil Nadu Societies Registration
Act, 1975 shall upon the presentation of the said 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;
2 Upon the registration of the said Constitution of BCCI, each of the
members shall undertake registration of their respective Constitutions on
similar lines within a period of 30 days thereafter. A compliance certificate
must be furnished to the CoA, which shall file a status report before this
Court with reference to the compliance undertaken by the State
Associations; and
3 In the event that any State Association does not undertake compliance
with the abovesaid directions, the directions contained in the orders of this
Court dated 7 October 2016 and 21 October 2016 shall revive.
35
41 The Committee of Administrators is at liberty to submit a further report for
such future directions as may be warranted and to secure compliance.
………....................................CJI [DIPAK MISRA]
…….…......................................J [A.M. KHANWILKAR] ……..….......................................J [Dr D Y CHANDRACHUD]
New Delhi; August 09, 2018.