Lodha Committee recommendation on BCCI reforms are unconstitutional and illegal: Justice Katju

Justice (Retired) Markandey Katju panel appointed by BCCI to advice on SC verdict on implementation of Justice Lodha committee recommendations submitted its interim report to it on 7 August 2016.

The panel in its recommendations termed Supreme Court verdict on BCCI reforms as recommended by Lodha Committee as unconstitutional and illegal.

Findings of the Panel

• It advised the Board to file a review petition before a larger bench of the Apex Court and not to meet the Committee as scheduled on 9 August 2016.

• It terms the action of the Supreme Court as the violation of principles of separation of powers as enshrined in the Indian Constitution. It is the legislature's prerogative to make laws and if judiciary starts making laws, it would set a dangerous precedent.

• It suggests, as BCCI's constitution has been prepared as per Tamil Nadu Societies Registration Act, both the Supreme Court and the Lodha Committee cannot forcibly change its by-laws.

• The BCCI alone can amend by-laws by passing a special resolution by two-third of majority.

However, Justice Katju agreed that there is a need for reforms in the BCCI. The Apex Court had appointed the Lodha Committee to suggest reforms in the working of BCCI.

Background

Earlier on 2 August 2016, the Board of Control for Cricket in India (BCCI) appointed former Supreme Court judge Markandey Katju as the head of a legal panel to guide the board in understanding the recommendations of the Justice RM Lodha Committee. Lodha Committee’s recommendations were approved by the apex court.

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