# BOARD OF CONTROL FOR CRICKET v. CRICKET ASSOCIATION OF BIHAR & ORS

- **Citation:** [2016] 8 S.C.R. 606
- **Court:** Supreme Court of India
- **Decided:** 2016-07-18
- **Case number:** Civil Appeal No.4235 of2014
- **Bench:** T.S. Thakur, Fakkir Mohamed Ibrahim Kalifulla
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/board-of-control-for-cricket-v-cricket-association-of-bihar-ors-31418
- **Pages:** 86

## 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 call for 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).
606
BOARD OF CONTROL FOR CRICKET v. CRICKET
607
ASSOCIATION OF BIHAR
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
D
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
E
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

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[2016] 8 S.C.R. 606
BOARD OF CONTROL FOR CRICKET
v.
CRICKET ASSOCIATION OF BIHAR & ORS.
(Civil Appeal No.4235 of2014)
JULY 18, 2016
(T.S. THAKUR, CJI AND
FAKKIR MOHAMED IBRAHIM KALIFULLA, J.]
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 call for 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).
606
BOARD OF CONTROL FOR CRICKET v. CRICKET
607
ASSOCIATION OF BIHAR
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
D
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
E
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.
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 interference.
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
Recommendation 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
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 -
Legislation.
BOARD OF CONTROL FOR CRICKET v. CRICKET
609
ASSOCIATION OF BIHAR
Recommendation as to the broadcast/ tele_casti17g of sporting
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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
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decision having regard to the recommendation made by the
Committee and the feasibility of any modification in the existing
contracts.
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.
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
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
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 terms
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SUPREME COURT REPORTS
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of 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.
Disposing of the appeals, the Court
HELD: 1. The task assigned to the Committee in terms
of the order passed by this Court was in its very nature
inquisitorial in which the Committee was supposed to hear
the concerned stakeholders including the BCCI and formulate
its views on various aspects concerning the subject matter and
make recommendations considered necessary for a more
efficient, objective and transparent working of the BCCI. The
Committee comprising some of the finest legal minds fully aware
of the requirements of law and the need for adopting a fair and
reasonable procedure, decided in its wisdom to serve a
questionnaire upon the stakeholders soliciting information, apart
from holding several interactive sessions with them and all those
who wished to be heard in the matter including representatives
from the State Associations, Journalists, Academicians, Jurists,
Public Figures etc. The Committee has recommended certain
steps which, in its opinion, are necessary to usher in structural
and other reforms in the working of the BCCI. What is significant
is that the Committee was not called upon nor has it adjudicated
upon any right of the applicant finally. It has simply enquired
into the working of the BCCI, identified its fault, its weaknesses,
failures and shortcomings and suggested ways and means by
which the same can be rectified. Principles of natural justice, it
is well settled, are not codified rules of procedure. Courts have
repeatedly declined to lay down in a strait jacket, their scope and
extent. The extent, the manner and the application of these
principles depends so much on the nature of jurisdiction exercised
by the Court or the Tribunal, the nature of the inquiry undertaken
and the effect of any such inquiry on the rights and obligations of
BOARD OF CONTROL FOR CRICKET v. CRICKET
61 I
ASSOCIATION OF BIHAR
those before it. The extent of the application of the principles A
also depends upon the fact situation of a given case. The fact
that the Committee was appointed by this Court, for a specific
purpose, the fact that the Committee comprised distinguished
jurists familiar with the requirements of fairness and objectivity
and the need for providing a hearing to any one likely to be
affected, the fact that the Committee not only served questionnaire
and heard all those who wished to be heard and the fact that the
report of the Committee was not ipso facto binding but was only .
recommendatory, completely excludes any chance of any prejudice
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to BCCI nor has any prejudice otherwise been demonstrated.
There was in the facts and circumstances no legal or procedural C
requirement for the Committee to draw up its recommendations
on a provisional basis and then finalise the report after
considering the response of the BCCI. The changes proposed
by the Committee remain in the realm of recommendations so
long as they are not accepted by this Court. There is no reason D
to remand the matter nor there is any legal flaw in the procedure
adopted by the Commi~tee. [Paras 44, 45) (659-C-G; 660-A-B,
D-H)
2. Article 19(l)(c) of the Constitution of India guarantees
to the citizens of this country the right to form associations, unions
and cooperative societies. The right is guaranteed in favour of E
citizens and citizens alone. Recourse to Article 19(1)(c) is not,
therefore, open to juristic or other persons and entities who are
non-citizens. The right guaranteed under Article 19(1)(c) cannot
be claimed by an association or union or a co-operative· Society
as is sought to be done in the case at hand, even when the right
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to form an association or union or cooperative society extends to
the continued existence of such association or union or
cooperative society with its original voluntary composition. But
the right does not extend so far as to include the right of any
such association or union or cooperative society to achieve its
objects or to conduct its business unhindered by any regulatory G
or other control. Anything beyond the protection of the original
composition of the association or union or cooperative society
would fall outside Article 19(l)(c) and shall be governed by other
clauses of Article 19 of the Constitution. In this backdrop, the
recommendations made by the Committee do not interfere with H
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or alter the composition of the State Associations. Individual
citizens who came together to form the State Associations have
not been asked to discontinue their association nor do the
recommendations impose upon their members an obligation to
associate with others with whom they do not wish to associate.
Composition of the State Cricket Associations remain unaffected,
and so does the right of those forming such Associations under
Article 19(l)(c). [Paras 52, 53, 60, 61) [664-F-G; 665-B; 673-GH; 674-A-B, D-E]
Zee Telefilms Ltd. v. Union of India 2005 (1) SCR 913 :
(2005) 4 SCC 649; All India Bank Employees
Association v. The National Industrial Tribu11al (Bank
Dfaputes), Bombay a11d Ors. AIR 1962 SC 171 : 1962
SCR 269; Tata F:ngi11eering a11d Locomotive Company
Ltd. v. State of Bihm· AIR 1965 SC 40 : 1964 SCR
885; D.A. V College v. State of Punjab 1971 (2) SCC
269; O.K. Ghosh and another v. E.X Joseph AIR 1963
SC 812 : 1963 Suppl. SCR 789; Smt. Damyanti
Naranga v. Union of India And Others, 1971 (3) SCR
840 : 1971 (1) SCC 678; Dharam Dutt and Ors. v.
Union of India & Ors. 2003 (6) Suppl. SCR 151: (2004)
1 SCC 712; Maneka Gandhi v. Union of India 1978
(2) SCR 621 : (1978) 1 SCC 248; All India Bank
Employees' Association v. National Industrial Tribunal
AIR 1962 SC 171 : 1962 SCR 269 - referred to.
3.1. The recommendation "One State One Vote" made by
the Committee has a two-fold impact on the current state of affairs
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in BCCI. The first is the reduction of some of the Associations
and Clubs from the full membership of BCCI to the status of
Associate Members. The other aspect of the recommendation is
the reduction of the full membership of at least four existing full
members to the status of associate members from the States of
G Maharashtra and Gujarat. In the first category, fall five full
members whose membership should as per the recommendation
get converted to associate membership. In this category fall
Railways Sports Promotion Board, Association of Indian
Universities, Services Sports Control Board, National Cricket
Club (Kolkata) and Cricket Club of India (Bombay). The
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Committee has recommended that these clubs and associations
BOARD OF CONTROL FOR CRICKET v. CRICKET
613
ASSOCIATION OF BIHAR
need not be continued as full members as they do not represent A
any geographical territory. Two of the clubs namely Cricket Club
of India and National Cricket Club do not even field teams in
competitive cricket. These two clubs also happen to be
recreational clubs. [Paras 62 , 63] [674-G-H; 675-A-C]
3.2 There is no reason to disagree with the recommendation
made by the Committee, who has upon a thorough consideration
of all facts and circumstances relevant to the working of the
BCCI, recommended the conversion of the clubs and associations
without a territory from full i;nembers to associate members. This
is a measure which has been recommended with a view to
structurally streamlining the BCCI to make it more responsive
and accountable having regard to the aspiration of different
regions for an equal opportunity to participate in the growth and
promotion of the game in the country. The fact that clubs including
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the Railways Sports Promotion Board, Association of Indian
Universities and Services Sports Control Board do not represent D
any region nor do they receive any monetary benefit is a good
enough reason for converting their full membership to associate
membership. The conversion notwithstanding 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. The recommendation
made by the Committee regarding the conversion of the status
of the above mentioned clubs and associations arc. therefore,
sound and arc accepted. [Para 63] [675-E-H; 676-Aj
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3.3 In respect of the second aspect of "One State One
Vote", it was argued for the intervening clubs from the States of F
Maharashtra and Gujarat that the six clubs/associations three
each from the two States not only represent a definite territory
and participate in competitive cricket by fielding teams but have
contributed to the development of the game in their regions. It
was submitted that the recommendations made by the committee G
that BCCI should choose one of the clubs to represent the entire
State was fraught with difficulty and ignored the historical
perspective and the fact that the these clubs had made substantial
contribution to the development and promotion of cricket in this
country. The argument advanced by the intervenor clubs cannot
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be lightly brushed aside. It is not disputed that three different
regions are represented by three distinct Associations both in
the Stat(ls of Gujarat and Maharashtra. This position has continued
to exist from the inception. Some of the clubs/associations, if not
all are the founding members of BCCI. That being so, a balance
has to be struck with historical reality and the need for adopting
a pragmatic, uniform and principled approach aimed at reforming
and rationalizing BCCl's structural edifice. It would not be
possible for the three associations to sync and unify their
associations into a single entity. Each association is entitled today
to field a team and receive monetary assistance. In the process
of unification, the prospects of budding cricketers of these regions
would go down substantially. That being so, the only reasonable
and rational answer 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
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the period one of the associations would exercise rights and
privileges of a full member, the other two associations wonld 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
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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. The right of the association to field
teams as before will remain unaffected subject to any changes
that BCCI may make in its wisdom over a period of time. BCCI
shall, however, decide the order in which the membership will
rotate among the three associations in these two states. [Paras
64, 65) (676-B-D, E-F; 677-A-E)
4. Recommendation made by the Lodha Committee as to
the upper age limit of any office bearer.
There is no denying the fact that Cricketers who play competitive
G cricket generally fall in the age group of 18 to 35 years. This
implies that even after retirement from active cricket anyone
who has the potential to contribute to the game can do so for
over three decades till he attains the age of 70 years. The upper
age limit recommended by the Lodha Committee is not, therefore,
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unreasonable or irrational by any standard. That apart, the
BOARD OF CONTROL FOR CRICKET v. CRICKET
615
ASSOCIATION OF BIHAR
Government of India have in the National Sports Development A
Code of India, 2011, inter alia, stipulated that the President,
Secretary and the Treasurer of any recognized National Sports
Federation including the Indian Olympic Association (IOA) shall
cease to hold that post on attaining the age of 70 years. The upper
age limit of 70 years is not, therefore, an unusual or unacceptable
8
norm so as to warrant interference with the same. [Paras 66, 68]
[677-F; 678-D-¥1
5. Recommendation that Ministers and Government
Officials should be ineligible for any post in State Associations or
in the BCCI
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 commitment are made ineligible from holding any post in the
State associations or the BCCI.
There is no compelling reason
to reject the recommendation which disqualifies Ministers and
Public Servants from holding offices in the State Associations or
BCCI. The argument that since ministerial and bureaucratic
support and patronage has helped the BCCI in running its affairs
in the past they should be allowed to continue, lest the game
suffers, cannot be accepted. It is not right to say that the game
flourishes in this country because any minister or civil servant
holds office in the State Associations or BCCI. There is also no
basis for the argument that unless the ministers and civil servants
are allowed to hold office in the State Association or in the BCCI
they will refuse to do what is legitimately due to the game for its
development and promotion. Nothing which is not due to the game
or is not legitimate need be done by any Minister or Civil Servant.
But what is legitimately due to the game will not be denied to the
game merely because Ministers m· Civil Servants do not happen
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to be office bearers for there may be an overwhelming number of G
Ministers and Bureaucrats who are passionate about the game
and would like to do everything that is legally permissible and
reasonably possible within the four corners of the law even without
holding any office in the BCCI or the State Associations. [Paras
69, 72] [678-G-H; 680-C, II; 681-A-D]
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A
6. Recommendations made by the Committee for inclusion
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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 BCCI. [Para 74) [682-A]
6.1 The Lodha Committee has, while dealing with the need
for transparency and oversight, referred to the grievance made
by the stakeholders that the BCCI was neither fair nor transparent
and those who seek greater information are either rebuffed by
the Board or won over by enticements. The Committee has
noticed that the state of affairs prevailing in BCCI and the
expenses incurred by it call for better financial management and
financial prudence. It is evident from a careful reading of the
Report that the object underlying the induction of the nominees
of the Accountant General of the State and the C&AG is to bring
transparency and financial oversight into the affairs of the State
Associations and the BCCI. The object sought to be achieved by
the proposed nominations is laudable or at least desirable.
Transparency and financial discipline and accountability are
fundamental values to which any authority discharging public
functions must be committed to. To that extent the BCCI has
not faulted the report made by the Committee. [Paras 75, 76]
[682-D-E; 683-E-F]
6.2 There is, no basis for the argument that any measure
taken by the BCCI on its own or under the direction of a
competent court specially when aimed at streamlining its working
and ensuring financial discipline, transparency and accountability
expected of an organization discharging public functions such as
BCCI may be seen as governmental interference calling for
suspension/derccognition of the BCCI. Far from finding fault with
presence of a nominee of the Accountant General of the State
and C&AG, the ICC would appreciate any such step for the same
would prevent misgivings about the working of the BCCI
especially in relation to management of its funds and bring
transparency and objectivity necessary to inspire public
confidence in the fairness and the effective management of the
affairs of the BCCI and the State Associations. The nominees
recommended by the Committee would act as conscience keepers
BOARD OF CONTROL FOR CRICKET v. CRICKET
617
ASSOCIATION OF BIHAR
of the State Association and BCCI in financial matters and matters A
related or incidental thereto which will in no way adversely impact
the performance or working of the BCCI for the promotion and
development of the game of cricket. The criticism leveled against
the recommendations of the Committee is, therefore, unfounded
and accordingly rejected. [Para 77] [684-B-E)
7. Recommendation made by the Committee regarding the
formation of a Players' Association.
Formation of the Association, is not under challenge and rightly
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so for cricket players have a fundamental right to form an
association even independent of the recommendation. The c
question is whether the association needs to be financially
supported by the BCCI. The Committee has recommended such
financial support but has stopped short of specifying the extent
of such support. It would, therefore, be reasonable to presume
that the extent of financial support which the association may be
given is left to the discretion of the BCCI. If that be so, there is
D
no merit in the objection raised by the BCCI thnt such support
need not be given or would unduly burden the BCCI. An
association of cricket plnyers would doubtless give to the
cricketing community not only nn opportunity to contribute to
the promotion of the gnme but n sense of participntion also so
E
very importnnt for the promotion of a gnme that brings so much
joy and feelings ofnntionalism among our countrymen. Financial
support, to the extent possible, having regnrd to the resources
avnilable with the BCCI nnd its financial commitments in other
areas relevant to the gnmc is not therefore an unacceptable iden.
The third dimension of the recommendation touching the
representation given to the association also does not call for any
interference. Players' Association represent a very significant
and important segment of the stakeholders in the game. Those
who have played the game and arc, therefore, better equipped to
understand its nuances, its challenges and concerns relevant to
its development and promotion cannot be left out from the
management. The Committee has recommended two positions
in the Apex Council as Councillors one of whom must be a female.
Keeping in view the numerical strength of the Apex Council, two
nominees representing the Players' Association will not unfavorably
F
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SUPREME COURT REPORTS
(2016] 8 S.C.R.
A
tilt the power balance within the Apex Council nor bring in any
undesirable or extraneous element into the management of the
BCCI. The argument against this recommendation is rejected.
[Paras 79, 80] (684-E; 685-B-E, F-H; 686-A]
8. Recommendations relating to the BCCI being under
B
the purview of Right to Information Act and to carry out a suitable
amendment to this effect and the Parliament to legalize betting
in cricket.
Since BCCI discharges public functions and since those functions
are in the nature of a monopoly in the hands of the BCCI with
c tacit State/Central Government approvals, the public at large has
a right to know and demand information as to the activities and
functions of the BCCI especially when it deals with funds
collected in relation to those activities as a trustee of wherein
the beneficiary happens to be the people of this country. As a
possible first step in the direction in bringing BCCI under purview
D of Right to Information Act, the Law Commission of India would
be required to examine the issue and make a suitable
recommendation to the Government. So also the recommendation
made by the Committee that betting should be legalized by law,
involves the enactment of a Law which is a matter that may be
E
examined by the Law Commission and the Government for such
action as it may consider necessary in the facts and circumstances
of the case. [Paras 82, 83] [686-B, F-H; 687-A-B]
9. Recommendation as to the broadcast/ telecasting of
sporting events hosted by the BCCI.
F
The Committee appears to have taken the view that commercial
expediency bas overtaken the need for a neat telecast of the
events for the benefit of the viewers. The Committee's concern
is about the excessive exploitation of the commercial space
granted to the broadcaster and in the process affecting the
G viewers' ability to view the game in the best possible way. The
recommendation is left for the consideration of the BCCI with
the observation that BCCI may keeping in mind the sentiments
expressed by the Committee ensure that the viewers get to see
an uninterrupted broadcast oftbe match from the first till the last
ball of the over and limiting the commercial advertisement in
H
terms of time a?d space to an extent that will not deprive the
BOARD OF CONTROL FOR CRICKET v. CRICKET
619
ASSOCIATION OF BIHAR
viewers of the pleasure of watching the game in full. [Paras 84, A
86] [687-C; 688-E-F]
10. Recommendation made by the Committee that the
Governing Council of the IPL ought to be reconstituted so as to
comprise three ex-officio members of the BCCI namely; the
Secretary, the Treasurer and the CEO, two representatives of B
the Members of BCCI 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 from the Players' Association.
The BCCI bas objected to the recommendation in so far as same
pertains to induction of two nominees of the franchisees. The c
BCCI contends that the induction of the nominees from the
franchisees is impermissible because important matters like
players retention policy, posting of umpires for IPL matches, etc.
are deliberated upon and decided by the Governing Council itself.
The recommendation made by the Committee docs not elaborately
deal with the need for induction of the nominees of the IPL D
franchisees in the Governing Council. All that is said is that the
Governing Council has denied any role to the franchisee
companies and that there is no independent voice in the Governing
Council which is dominated by the full members of the BCCI and
two former cricketers. The Committee docs not appear to have E
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 prima facie a possibility of conflict
of interest arising out of the franchisees representation in the F
Governing Council. It is left to the Committee to re-examine. If
upon reconsideration of the matter the Committee takes a view
that the induction of the nominees of the franchisees will not result
in any conflict of interest, it shall be free to stick to its
recommendations in which event the recommendations shall be G
deemed to have been accepted by this Court to be formalized
and carried out in such manner as the Committee may decide.
[Paras 87, 88] [688-G-H; 689-A-B, D-G]
11. Recommendation proposing a cap on the number of
terms for which an officer bearer can serve and the optimum H
620
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SUPREME COURT REPORTS
[2016) 8 S.C.R.
period for which one can be a member of the apex council.
The recommendation also provides for cooling off period between
two terms. It also prescribes grounds for disqualification of office
bearer which were otherwise absent in the existing rules and
regulations of the BCCI. These recommendations come in the
wake of a finding by the Committee that under the present
dispensation office bearers could continue for any number of
terms. It was also noticed that no grounds for disqualifying an
office bearers were prescribed. The Committee found both of
these to be unacceptable and rightly so. Given the problems that
often arise on account of individuals holding office for any number
of consecutive terms, the Committee was justified in
recommending the length of a term in office. A three year term
recommended by the Committee is reasonable. So also, the
prescription of cooling off period between two terms cannot be
faulted. Similarly, an optimum period of 9 years as a member of
the apex conncil cannot also be termed as unreasonable. Grounds
for disqualification like nnsoundness of mind, the member
becoming a i.ninister or holding a membership in any sporting
body also meet the requirement of reasonableness and do not
call for interference from the court. [Para 89] [689-H; 690-A-DJ
12. Recommendation as to overhaul of the existing
Committees of the BCCI on the ground that they do not have
clearly defined terms of reference.
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. The Committee has, on that premise,
recommended an administrative set up which it has evolved on
the basis of its interactions with people who have the necessary
expertise and insight into the needs of the BCCI and its
associations. Therefore, 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, The report submitted by the
Committee and the recommendations made therein are accepted
BOARD OF CONTROL FOR CRICKET v. CRICKET
621
ASSOCIATION OF BIHAR
with modifications and clarifications. The implementation of the A
recommendations is equally important and ought to be achieved
within a reasonable period.
[Paras 90, 91] (690-F-H; 691-A-B]
BCCI v. Cricket Association of Bihar and Ors. 2015 (1)
SCR 165 : (2015) 3 SCC 251; Viveka Nand Sethi v.
Chairman, J & K Bank Ltd. 2005 (3) SCR 1095 : (2005)
B
5 SCC, 337;
S.L. Kapoor v. Jaf{mohan 1981 (1) SCR
746 : (1980) 4 SCC 379; State of Punjab v. Jaf{ir Singh
2004 (4) Suppl. SCR 734 : (2004) 8 sec 129;
Karnataka SRTC v. S.G Kotturappa 2005 (2) SCR
520 : (2005) 3 SCC 409; Ravi S Naik v. Union of India
1994 (1) SCR 754 : (1994) Suppl. (2) sec 641; K.L.
c
Tripathi v. SB! 1984 (1) SCR 184 : (1984) 1 sec 43 -
referred to.
Case Law Reference
referred to
Para2
referred to
Para 44
referred to
Para 44
referred to
Para 44
referred to
Para 44
referred to
Para 44
referred to
Para 44
referred to
Para 46
referred to
Para 49
referred to
Para 55
referred to
Para 56
referred to
Para 57
referred to
Para 58
referred to
Para 59
From the Judgment and Order dated 30.07.2013 of the High C::ourt
of Judicature at Bombay in PIL No. 55 of2013.
WITH
C. A. Nos. 4236of2014 and 1155 of 2015.
D
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622
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
Gopal Subramanium, Sr. Adv. (A.C.), K. K. Venugopal, Ms. Nalini
Chidambaram, Shekhar Naphade, Rana Mukherjee, B. H. Marlapalle,
Sr. Advs., Santosh Krishnan, Ankur Kashyap, Kushagra Pandey, Sambit
Nanda, Rudra Pratap Singh, Ms. Anusha Ramesh, Ms. Rosemary Raju,
Ms. Aakansha Singh, Raghav Chadha, L. Joshi, Ms. Radha Rangaswamy,
Ms. Ranjeeta Rohatgi, Abinav Mukherjee, Ankur Talwar, Gagan Gupta,
Vikas Mehta, Ms. Anushree Menon, Rajat Sehgal, Amit A. Pai, Nirmal
Kumar A., Preshit S., Ms. Man ju Jetley, Pankaj Kr. Mishra, A. S. Bhasme,
Aditya Verma, Ms. S. Lakshmi, Vikash Singh Jangra, Anish R. Shah,
Anshuman Ashok, Harsh Kaushik, Abhay Chatoopadhyay, Gaurav
Sharma, Gaurav Khanna, Raghavendra S. Srivatsav, Puneet Bali, Ms.
Gunjan Rishi, Aditya Soni, Shree Pal Singh, Amal Chitale, Nirnimesh
Dube, Ms. Pragya Baghel, Rahat Bansal, Venkita Subramoniam T. R.,
Ms. Neela Gokhale, Ms. Sonia Mathur, Devanshu Sharma, Ms. Liz
Mathew, Ashwin Chandran, M. F. Philip, Ms. Diksha Rai, R. Bala, Nalin
Kohli, Prabhas Bajaj, Santosh Kumar, Shreekant N. Terdal, Mukesh
D Kumar Maroria, V. K. Biju, Praveen Swarup, Chirag M. Shroff, E. C.
Agrawal, Senthil Jagadeesan, Mrs. Lalita Kaushi, Ms. Kamakshi S.
Mehlwal, Ms. Rashmi Singh, Deeptakirti Verma, Mishra Saurabh,
M. Yogesh Kanna, Rahul Pratap, Ms. Pooja Dhar, M.s Temple Law
Firm, Advs. for the appearing parties.
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The Judgment of the Com1 was delivered by
T. S. THAKUR, CJI 1. "Change" it is famously said is al 1 that
is constant in the world. And yet the world hates change, no matter, it is
only change that has brought progress for mankind. Statesmen, Scholars
and Scientists have spoken for change and eulogised its significance.
For instance Charles Darwin has spoken of 'change' in the context of
his theory of evolution and declared "It is not the strongest of the
species that survive, not the most intelligent, but the one most
responsive to change. "Benjamin Franklin, put it more pithily when he
said "When you 're finished changing, you 're finished". Albert
Einstein spoke of change when he said "The world as we have created
is a process of our thinking. It cannot be changed without changing
our thiliking. " The truth is that resistance to change stems partly from
people getting used to status quo and partly because any change is
perceived to affect their vested interest in terms of loss of ego, status,
power or resources. This is true particularly when the suggested change
is structural or organizational which involves some threat, real or
BOARD OF CONTROL FOR CRICKET v. CRICKET
623
ASSOCIATJON OF BIHAR [T. S. THAKUR, CJ!]
perceived, of personal loss to those involved. No wonder, therefore, that A
the portents of change which the recommendations made by the
Committee appointed by this Court symbolizes are encountering stiff
resistance from several quarters interested in continuance of the status
quo.