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

Civil Appeal · 2022 INSC 963Decided 14 Sept 2022
Civil Appeal No. 4235 of 2014
Dhananjaya Y. Chandrachud · Hima Kohli

Background

In its 2018 judgment in the long-running BCCI reforms case, the Supreme Court had approved a new Constitution for the Board of Control for Cricket in India (BCCI), including a mandatory three-year "cooling-off period" for office bearers after two consecutive terms, and had directed that no future amendment to this Constitution could take effect without the Court's leave. BCCI's Annual General Meeting unanimously approved several amendments in December 2019 and filed an application seeking the Court's permission to implement them, including changes to how the cooling-off period is calculated, disqualification criteria for office bearers, and administrative provisions on the Secretary's and Apex Council's powers.

Decision Breakdown

The Court examined each proposed amendment against a comparison chart (BCCI's proposal versus the amicus curiae's suggested modifications) and largely sided with the amicus's more restrictive formulations, for example, ruling that the cooling-off period should apply after two consecutive terms at the same level (BCCI or a state association) or across levels, not just to the posts of President and Secretary as BCCI wanted. It approved a narrower disqualification-on-conviction rule (any conviction, not just a sentence of three years or more) after BCCI agreed to this modification during the hearing, and accepted various administrative amendments largely as proposed. It rejected an attempt to remove the requirement that future amendments need the Court's leave, since BCCI itself did not press that particular change. An objection from certain individuals connected with a Bihar cricket body was considered and rejected for lack of merit. The interim application was disposed of on these terms, with the earlier compliance directions for state associations continuing to apply to the newly approved amendments.

Lesson Learnt

Even after a sports body's governing constitution is judicially approved, ongoing Court oversight can require future amendments to be vetted for consistency with the original reform objectives (preventing concentration of power, ensuring turnover in leadership) rather than being left purely to the organization's own general body.

Official source (sci.gov.in)View Judgment (PDF)

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