SC allows BCCI's proposed change in constitution; clears path for extension of Sourav Ganguly and Jay Shah's terms

The Supreme Court on Wednesday allowed the Board of Control for Cricket in India (BCCI) to amend its constitution concerning the tenure of its office bearers including its President Sourav Ganguly and Secretary Jay Shah by doing away with the mandatory cooling-off period between tenures of office bearers across state cricket associations and the BCCI.

“We are of the considered view that the amendment would not dilute the original objective. We accept the proposed amendment,” a bench of Justices DY Chandrachud and Hima Kohli said. 

The top court said that office bearers can have continuous tenure of 12 years which includes six years in State Association and six years in BCCI. It also directed that office bearers can have two consecutive terms of three years each on one post in BCCI and similarly in state after which cool-off period will come.

Solicitor General Tushar Mehta, representing the BCCI, submitted before a bench of Justices D.Y. Chandrachud and Hima Kohli that clause 6 as approved by the top court indicates that a person who has competed one term at the state cricket association level followed by one term at the BCCI would have to undergo a three-year cooling off period.

Therefore, the cooling off period would come into effect after only one term at the BCCI. During the hearing, Mehta had submitted before the bench that three years is a very short time period to prove leadership qualities to take the sport forward, and urged this provision, in the existing constitution, be modified to reflect that it comes into effect after an office-bearer has completed two consecutive terms.

The top court noted submissions from senior advocate Maninder Singh, amicus curiae in the matter, that there was no justification in confining the cooling-off period to the President and Secretary, and it should extend to all office-bearers at the BCCI.

On Tuesday, the court had observed that the BCCI is an autonomous body and that it cannot micro-manage its functioning. It also asked the apex cricket body of the country why it wants to have people above 70 years to represent the nation in the ICC.

The court had yesterday said that the cooling off period will not be scrapped between the tenures of office bearers as "the purpose of the cooling off period is that there should be no vested interest."

The BCCI, in its proposed amendment, has sought the abolition of a cooling-off period for its office bearers which would enable Sourav Ganguly and Jay Shah to continue in office as President and Secretary despite them having completed six years at respective state cricket associations.

Earlier, the Justice R M Lodha-led committee had recommended reforms in the BCCI which have been accepted by the top court.