Here’s The Problem With SC Forcing Its Own Cricket Reform Agenda Down BCCI’s Throat

The Board of Control for Cricket in India (BCCI) was under fire reportedly for not complying with the Supreme Court directives on reform the Indian cricket.

This comes after the Lodha panel submitted its report, accusing the board of defying orders. Chief Justice T S Thakur told the BCCI to fall in line or face consequences for its continued defiance.

The 2013 Indian Premier League (IPL) spot fixing scandal prompted the SC to appoint a committee to probe irregularities in the IPL and the cricket governing body. This panel found hi-profile people to be guilty or complicit in the betting scam, following which the top court appointed the Lodha Committee, to review the role of those running IPL and to suggest BCCI reforms.

Now, the SC wants BCCI to implement the Lodha Committee reforms; however the BCCI doesn’t really like the idea.

Now, here is the problem.

The SC cannot force the BCCI to reform itself by amending its by-laws. The BCCI is a registered body under the Tamil Nadu Societies Registration Act. It has its own by-laws and the society (BCCI) alone can change the by-laws through a two-third majority vote by the society. The current legal framework only provides for prosecuting criminal charges or in the case of organisational issues to write to the Registrar of Societies.

There simply is no legal ground for either the SC or a panel appointed by the top court to amend BCCI’s by-laws.

To quote former Supreme Court justice Markandey Katju:

What the Supreme Court has done is unconstitutional and illegal. There has been violation of principles of the Constitution. Under our Constitution, we have legislature, executive and judiciary. There is broad separation of functions. It’s the legislature’s prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent.

The SC, it seems, has ignored Katju’s comments.