The Supreme Court today approved the draft Constitution for Board of Control for Cricket in India (BCCI) with some modifications..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud delivered the judgment directing that the modified Constitution be registered within four weeks..The following were decided by the Court in today’s judgment..On membership and Associate Membership: One State – One Vote.Rule (3)(a)(i) of the draft constitution contemplates that membership of BCCI shall consist of (i) Full members and; (ii) Associate members..The Court was posed with the question of membership of three associations each in Maharashtra and Gujarat. Besides, it also dealt with the membership of Railways, Services and Association of Indian Universities..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..The court noted that 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….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 contribution to the cause of cricket. These associations have produced players who have brought laurels to their states and to the nation.”.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, the Court held..It, therefore, held 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)..The Court also granted full membership to Railways, Services and Association of Indian Universities for similar reasons. However, 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..On cooling-off period, Apex Council and Disqualification.Essentially, the cooling-off period stipulates that an office bearer is not eligible to contest a succeeding election..The Court ruled that a cooling-off period should be observed. However, it held that it would be appropriate 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..The Court also ordered that the term for all posts of office bearers in BCCI and in State associations will be three years. No person will be allowed to hold the position of an office bearer in any State association or BCCI, regardless of post, for a period in excess of nine years in the aggregate..The Court also approved the clauses in the draft Constitution pertaining to apex council and disqualification..Registration of Constitution.On the registration of the Constitution, the following directions have been issued:.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.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..Read the judgment:
The Supreme Court today approved the draft Constitution for Board of Control for Cricket in India (BCCI) with some modifications..A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud delivered the judgment directing that the modified Constitution be registered within four weeks..The following were decided by the Court in today’s judgment..On membership and Associate Membership: One State – One Vote.Rule (3)(a)(i) of the draft constitution contemplates that membership of BCCI shall consist of (i) Full members and; (ii) Associate members..The Court was posed with the question of membership of three associations each in Maharashtra and Gujarat. Besides, it also dealt with the membership of Railways, Services and Association of Indian Universities..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..The court noted that 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….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 contribution to the cause of cricket. These associations have produced players who have brought laurels to their states and to the nation.”.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, the Court held..It, therefore, held 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)..The Court also granted full membership to Railways, Services and Association of Indian Universities for similar reasons. However, 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..On cooling-off period, Apex Council and Disqualification.Essentially, the cooling-off period stipulates that an office bearer is not eligible to contest a succeeding election..The Court ruled that a cooling-off period should be observed. However, it held that it would be appropriate 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..The Court also ordered that the term for all posts of office bearers in BCCI and in State associations will be three years. No person will be allowed to hold the position of an office bearer in any State association or BCCI, regardless of post, for a period in excess of nine years in the aggregate..The Court also approved the clauses in the draft Constitution pertaining to apex council and disqualification..Registration of Constitution.On the registration of the Constitution, the following directions have been issued:.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.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..Read the judgment:
