Case Note & Summary
The dispute arose from the need to amend the Constitution of the Board of Control for Cricket in India (BCCI) following a previous Supreme Court judgment that mandated any amendments require court approval. The BCCI sought to modify provisions related to cooling off periods for office bearers and disqualification criteria. The existing Constitution stipulated a cooling off period of three years after two consecutive terms in office, which was deemed necessary to prevent concentration of power and promote a wider body of experienced administrators. The BCCI proposed amendments to limit the cooling off requirement to only the posts of President and Secretary, which was contested by the amicus curiae who argued for its extension to all office bearers. The Court ultimately accepted the amendments proposed by the amicus curiae, emphasizing that the cooling off period should apply after two consecutive terms at the same level. Additionally, amendments to disqualification criteria were discussed, including the removal of disqualification for holding positions in other sports associations and the stipulation that disqualification should follow a conviction rather than merely being charged with a criminal offence. The Court found these amendments acceptable as they did not undermine the original intent of the Constitution. The interim application was disposed of in favor of the proposed amendments, ensuring compliance with the original judgment's directives.
Headnote
A) Constitutional Law - Amendments to Constitution - Approval of Amendments - Board of Control for Cricket in India Act, 1928, Clause 6(4) - The Supreme Court approved amendments to the BCCI Constitution, specifically regarding cooling off periods for office bearers after two consecutive terms, ensuring that the purpose of preventing monopolies in cricket administration is upheld. Held that the amendments do not dilute the original intent of the cooling off period (Paras 13-16). B) Disqualification Criteria - Office Bearers - Amendment of Disqualification Provisions - Board of Control for Cricket in India Act, 1928, Clause 6(5) - The Court accepted amendments to disqualification criteria for office bearers, allowing for modifications that protect individuals from frivolous prosecutions while maintaining the integrity of the BCCI. Held that the amendments are permissible and do not detract from the original purpose (Paras 18-19).
Issue of Consideration
Whether the proposed amendments to the BCCI Constitution regarding cooling off periods and disqualification criteria should be approved.
Final Decision
The Supreme Court accepted the proposed amendments to the BCCI Constitution, particularly regarding the cooling off period and disqualification criteria, ensuring that the amendments do not undermine the original intent of preventing monopolies in cricket administration.
Law Points
- Constitutional amendments
- cooling off period
- office bearers
- cricket administration
- disqualification criteria
