DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Board of Control for Cricket in India – Appellant
Versus
Cricket Association of Bihar – Respondent
Certainly. Here are the key points derived from the provided legal document:
The draft constitution for the Board of Control for Cricket in India (BCCI), as proposed by the Committee of Administrators (CoA), has been approved with modifications by the Supreme Court, including provisions on cooling periods and restrictions on amendments without Court approval (!) (!) (!) (!) .
The Court emphasized that any amendments to the approved constitution require prior leave of the Court to ensure adherence to the Court’s directions (!) (!) (!) .
The Court directed the Registrar of Societies to register the approved constitution under the relevant Societies Registration Act and report compliance within four weeks (!) .
Each member of the BCCI and its affiliated associations must undertake to register their respective constitutions in a manner consistent with the Court-approved model within 30 days of the Court’s order (!) .
The Court outlined specific provisions on membership, including the principle of "One State – One Vote," and detailed the criteria and recognition process for full and associate members, considering historical contributions and territoriality (!) (!) (!) (!) (!) .
It acknowledged the special contributions of certain associations such as Mumbai, Vidarbha, Baroda, and Saurashtra, and granted them full membership due to their historical and cricketing significance (!) (!) .
The Court approved the composition, appointment process, and eligibility criteria for various selection committees (Men’s, Junior, Women’s) and office bearers, emphasizing transparency and merit-based selection, including minimum playing experience and retirement periods (!) (!) (!) (!) .
The Court upheld the tenure limits for office bearers (three-year terms, maximum nine years in total), and mandated a three-year cooling-off period after two consecutive terms to prevent concentration of power and promote broader participation (!) (!) (!) (!) .
The Court approved the division of functions between the General Body and the Apex Council, with the latter responsible for professional management, including appointment of key officials like the CEO, under a framework that ensures accountability and limits unfettered powers (!) (!) .
Disqualifications for office bearers were specified, including age limits, citizenship, insolvency, criminal charges, and cumulative tenure restrictions, to uphold integrity and accountability (!) (!) .
The Court approved provisions for conducting elections, including appointment of Electoral Officers, supervision of nominations, and the requirement of a supermajority for amendments, all subject to Court approval (!) (!) (!) .
The Court emphasized that the approved constitution shall be implemented and registered promptly, with ongoing compliance monitored by the CoA, and any non-compliance to be addressed through Court orders (!) (!) .
The Court reinforced that any future amendments to the approved constitution require prior Court approval, ensuring the integrity of the governance framework established (!) .
The overall objective is to reform and rationalize the governance structure of BCCI to promote transparency, accountability, and fair representation, while respecting historical contributions and promoting broad-based participation in Indian cricket administration.
JUDGMENT
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 Bihar, (2015) 3 SCC 251 this Court accepted the reforms in the administration of cricket proposed by a Committee chaired by Justice RM Lodha [Abbreviated in this judgment as the Lodha Committee]. The review petition has been dismissed. On 2 January 2017, this Court directed that a Committee of Administrators[Abbreviated as CoA] 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
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