Supreme Court allows BCCI’s constitution amendments

The Board of Control for Cricket in India (BCCI) has finally had its way in the Supreme Court as its main appeals with regard to cooling-off restrictions have been approved. The Apex Court, in its order, has said that an office-bearer need not go into cooling-off after one term at the state and the BCCI levels and allowed two consecutive terms each at both levels. Effectively, it will allow Jay Shah, the present secretary of the BCCI to continue in the BCCI. The SC has allowed amendments to the BCCI constitution requiring a break after a combination of two-terms (of three years each) at the state and BCCI to cooling-off requirement only after two consecutive terms at that level, effectively allowing Shah to have another term as office-bearer as the secretary at the BCCI.

The Wednesday order also applies to BCCI president Sourav Ganguly but his continuation is subject to having the backing of the state units, with an element of uncertainty looming over his second term. A judge bench comprising Justice DY Chandrachud and Hima Kohli, said, “The submission that the application of cooling off to an individual who has undergone one term at each level (at state unit and BCCI) is stringent,” and added, “keeping the reason for which cooling off period was introduced, we are of the considered view that the amendment would not dilute the original objective. We therefore accept the proposed amendment.”

The Supreme Court did not allow an amendment to Clause 45 (the last one) of the constitution which states that leave of the apex court is needed for changing the rules. The court, while permitting to pass the amendments through the general body, has insisted on the approval of the court. But it has agreed to redefine the scope of ‘public servants’, who are barred from holding any position in the BCCI. It has said that only Ministers and government employees will come under this new ambit permitting the Members of Parliament and Legislative Assemblies to be eligible to hold positions in the BCCI. The amendment is a big relief for Rajiv Shukla, the vice-president, who recently became a member of the Rajya Sabha.

(Cricbuzz)