Board of Control for Cricket in India and Ors. vs Cricket Association of Bihar & Ors.

Reforms in the administration of Cricket were proposed by a Committee chaired by Justice Shri R.M. Lodha. The reforms were accepted by Supreme Court in its judgment dated 18th July, 2016 in Board of Control for Cricket in India versus Cricket Association of Bihar reported as [2015] 1 SCR 165. Supreme Court directed that a Committee of Administrators (CoA) shall supervise the administration of Board of Control for Cricket in India (BCCI). The CoA was constituted. On 24 th July, 2017, Supreme Court inter alia directed that recommendations of the Lodha Committee be implemented. The CoA was entrusted to prepare a draft Constitution in accordance with the judgment rendered on 18th July, 2016 and the order dated 24th July, 2017. Suggestions received to the draft from various stakeholders were filed by the CoA, together with comments on the proposed suggestions, in status report dated 12 th January, 2018. On 5 th July, 2018, Supreme Court reserved orders on the question of finalizing the draft Constitution.

Issuing directions, the Court

HELD: A. Issues relating to membership and Associate Membership: One State-One Vote

1.1 Rule (3)(a)(i) of the draft Constitution contemplates that membership of BCCI shall consist of (i) Full members and; (ii) Associate members. Historically in the State of Maharashtra, there have been three associations, each of which fields its own cricket team in the Ranji Trophy: (i) Maharashtra; (ii) Mumbai and; (iii) Vidarbha. Similarly, in the State of Gujarat, there have been three associations representing: (i) Gujarat; (ii) Baroda; and (iii) Saurashtra. In both the States, these associations have made a signal contribution to the cricketing history of the nation. Besides, fielding teams for the Ranji Trophy, these associations have produced players of national and international repute. It is necessary to restore full membership in the constitution of the BCCI to the three associations each in the State of Maharashtra (Maharashtra, Mumbai and Vidarbha) and in Gujarat (Gujarat, Baroda and Saurashtra). The associations of Baroda, Saurashtra, Mumbai and Vidarbha have a long and abiding history of nurturing talent for the game of cricket in India. The history of cricket in India is replete with their contribution to the cause of cricket. 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. However, the decision not to grant the status of full members to the National Cricket Club and the Cricket Club of India is maintained. Neither of the two Clubs fields teams in the Ranji Trophy. They cannot be placed at par with the other State Associations. [Paras 6, 9 and 10] [538-E-F; 541-G-H; 542-A-B, G; 545-A-D]

Railways

1.2 The contribution of Railway Sports Promotion Board (“Railways”) to the cause of Indian Cricket is noteworthy. The amendment proposed by the amicus to the draft consitution is accepted. It is clarified specifically that the representative from Railways who would exercise voting power must be a former cricketer who has represented Indian Railways and who is elected by an association of former players from the Indian Railways and not a person nominated by the government or the Railway Sports Promotion Board. [Paras 11, 13 and 14] [545-D-E; 546-D, F-G] Services and Association of Indian Universities

1.3 The Services Sports Control Board (“Services”) team represents the Armed Forces of the nation. The Services have a 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, the same principle which is followed in the case of Railways should be followed in their case. Similarly, the Universities are a nucleus for encouraging the game of cricket among players of the college going generation in the country. Therefore, full membership to the Association of Indian Universities is also granted. The amendment which has been proposed to the draft Constitution by the amicus in the case of the Railways shall be suitably modified to also cover the Services and the Association of Indian Universities. The representative respectively for Services and the Association of Indian Universities shall be a former cricketer who has played for them respectively and is elected by an association of former players and not a person nominated by the government/ sports control board. [Para 16] [547-G-H; 548-A-C]

B. Number of Selectors

1.4 The Lodha Committee restricted the number of selectors to three. The Selection Committee is entrusted with the responsibility of selecting cricket teams for participation at various levels. Restricting the number of selectors to three was 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 considerations which persuades acceptance of the plea for modification in regard to the number of selectors to five. The amicus has also supported the suggestion that the number of selectors be increased to five. He however, also indicated that this should be subject to the criteria of a selector having played a minimum of (a) seven test matches; or (b) thirty first class matches; or (c) ten One Day Internationals in the fifty over format and a minimum of twenty first class matches. Accordingly the proposed amendment as suggested by the amicus is accepted. Until the elections to the BCCI take place, the Committee of Administrators (CoA) is empowered to consult with the Cricket Advisory Committee, comprising of reputed former international cricketers and to constitute a Committee of Selectors consistent with the above criteria. In regard to the appointment of coaches, managers, physiotherapists and other staff, the modification suggested in clause 24(5) is accepted. [Paras 17, 18, 21, 22 and 23] [548-C, D; 550-A-D; 551-F-G]

C. Cooling Off Period

1.5 The requirements that the term of office of an office bearer should be three years; and that an individual should not hold office in the BCCI for a period excess of nine years (regardless of the post held) with a similar stipulation of nine years for the State Associations is manifestly in public interest. Both the stipulations are valuable safeguards to ensure against the concentration of power. A cooling off period should be observed. A cooling off period has several features which are of utmost importance : (i) it is a safeguard against the development of vested personal interests; (ii) it ensures against the concentration of power in a few hands; (iii) it facilitates a dispersal of authority; and (iv) it encourages the generation of a wider body of experienced administrators. Cooling off must be accepted as a means to prevent a few individuals from regarding the administration of cricket as a personal turf. The game will be better off without cricketing oligopolies. It would be appropriate 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 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 above principle shall govern Clause 6(4) as well as Clause 14(4) of the draft Constitution. The above principle will ensure that the cooling off period will come into operation upon a person holding any post for two consecutive terms not exceeding six years. [Paras 29, 32 and 33] [554-F-G; 555-E-H; 556-A-B, D-E]

1.6 The position as approved in the present order shall be to the following effect:

(i) The term for all posts of office bearers in BCCI and in State Associations shall be three years; (ii) No person shall hold the position of an office bearer in any State Association, regardless of post, for a period in excess of nine years in the aggregate; (iii) No person shall hold the post of office bearer in BCCI, regardless of post, for a period in excess of nine years in the aggregate; (iv) There shall be a cooling off period of three years after an individual has held the post of an office bearer for two consecutive terms either in a State Association or in the BCCI or a combination of both; and (v) The expression ‘office bearer’ should not be permitted to be circumvented by being a member of any other committee or of the Governing Council in BCCI or any State Association, as the case may be. [Para 34] [556-E-H; 557-A-B]

D. Division of Functions, Professional Management and Disqualifications

1.7 The Apex Council is entrusted with the function of professional management through the Chief Executive Officer, the Chief Financial Officer and other officers who must be recruited on a transparent and professional basis. Of the nine members of the Apex Council, five (the President, Vice President, Secretary, Joint Secretary, Treasurer and a member) are to be elected by the General body. Clause 15 (1) in regard to the Apex Council is approved. [Paras 35, 36] [557-B-C, F-H] E. Disqualifications

1.8 In regard to disqualifications, the clause in the draft Constitution as proposed with the incidental modifications as suggested by the amicus is accepted. Clauses 29, 33(1), 33(2), and 45 of the draft Constitution with the modifications are approved. Once the draft Constitution has been approved by Supreme Court, any amendment should not be given effect to without the leave of Supreme Court. Having regard to the fact that the draft Constitution submitted by the CoA on 27 October 2017 has now been approved by Supreme Court subject to the aforesaid modifications, following directions are issued:

1. The Registrar of Societies under the Tamil Nadu Societies Registration Act, 1975 shall upon the presentation of the said Constitution by the CEO, register the documents forthwith and report compliance by way of a report to the Secretary General of Supreme Court within four weeks;

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 Supreme Court with reference to the compliance undertaken by the State Associations; and

3. In the event that any State Association does not undertake compliance with the abovesaid directions, the directions contained in the orders of Supreme Court dated 7 October 2016 and 21 October 2016 shall revive. [Paras 37-40] [558-B, F; 559-E-H; 560-A-B]

1.9 The CoA is at liberty to submit a further report for such future directions as may be warranted and to secure compliance. [Para 41] [560-C]

Board of Control for Cricket in India v Cricket Association of Bihar (2015) 3 SCC 251 : [2015] 1 SCR

165 – referred to.