SC defends Lodha panel

Defending Justice Lodha Panel recommendations, Supreme Court of India has observed that these recommendations do not infringe on anyone’s fundamental right as there are no private citizens on the Board of Control for Cricket in India (BCCI).

• These observations were made by the court when BCCI and CCI said the recommendations affected Article 19 (1) (c), which enshrines the fundamental right of citizens to form union or associations under the Indian Constitution.

Background:

Lodha committee was set up by the Supreme Court to recommend reforms in the Board of Control for Cricket in India (BCCI). The three-member panel was headed by Justice (Retd) RM Lodha.

Important recommendations made by the committee:

Constitute one cricket body for each state: One association of each state will be a full member and have right to vote. One unit should represent one state.

CEO-run organisation: Committee suggested the restructuring of the BCCI’s administrative set-up, proposing the position of a CEO accountable to a nine-member apex council. An apex council for the BCCI comprising 9 members, of which 5 should be elected, 2 should be representatives of players association, and one woman. CEO to be assisted by 6 professional managers and the team of CEO and managers will be accountable to the apex council.

Under RTI: To ensure transparency in its functioning, the panel had said that it is important to bring the body under the purview of the Right to Information Act.

Ethics officer: The committee recommended the institution of the office of an Ethics Officer, who would be responsible for resolving issues related to the conflict of interest. Ethics officer would be a former High Court judge.

Electoral officer: The committee had also suggested the appointment of an Electoral Officer to conduct the Board elections. The electoral officer would oversee the entire election process relating to the office-bearers namely, preparation of voters list, publication, dispute about eligibility of the office-bearers

Ombudsman: It had also proposed an Ombudsman for dealing with internal conflicts. Ombudsman can take cognisance of complaints suo moto, or received complaint or referred complaint by the apex council.

It also suggested that a person cannot be a BCCI office-bearer and a state association office-bearer at the same time.