Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Supreme Court - Directions - Breach of. by BCCI - Justice Lodha Committee appointed by Supreme Court - Recommendations by the Committee endorsed in the final judgment and order of Supreme Court dated 18' |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | SPORTS: Cricket administration - Recommendations made by Lodha Committee for streamlining the working of the BCCI - The Committee was assigned task to recommend such changes in the Rules and Regulations of BCCI as would safeguard the interest of public 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 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 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 the report or the recommendations or callor 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 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 - Constitutio11 of India - Art.19(J)(c).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 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 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 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. D E F 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 interferenceRecommendation 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 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 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 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 - 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 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.Recommendation as to the broadcast/ tele_casti17g of sporting 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 decision having regard to the recommendation made by the Committee and the feasibility of any modification in the existing contracts. A 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 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 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. 8 c D 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 termsof 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 the objective underlying the said recommendation is not only laudable but achievable through the medium of the change recommended by the Committee |
Judge | N/A |
Neutral Citation | 2016 INSC 983 |
Petitioner | Board Of Control For Cricket In India |
Respondent | Cricket Association Of Bihar & Ors. |
SCR | [2016] 9 S.C.R. 819 |
Judgement Date | 2016-10-21 |
Case Number | 4235 |
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