Apex Court Allows Amendment to the BCCI Constitution

In the case of BCCI v. Cricket Association of Bihar, the Supreme Court allowed the proposed amendments to the Board of Control for Cricket in India’s (BCCI) Constitution. The three-year cooling-off period was held to be applicable only if an individual served two consecutive terms in the state association or the BCCI at the respective level.

This ruling allows the current president, Saurav Ganguly, and Secretary, Jay Shah, to continue their second term in the BCCI from October 2022.

This is different from the earlier provision under which the cooling-off period was applicable after the person had served two terms in the State Association, the BCCI, or a combination of both. The Apex Court held that the current law was too stringent, and people needed time to establish leadership and get acquainted with the federation.

The Court also accepted other proposed amendments that sought the removal of “public office” as a disqualifying factor that prevented ministers, government servants, or persons holding public offices from contesting BCCI elections.

The Court found merit in that cricketer of eminence would be precluded from contesting BCCI elections if “public office“ was not moved from the realm of disqualification” since most of them assume public office post-retirement.

To avoid frivolous prosecution of officeholders, the third accepted amendment changed the status of “charged” to “convicted” of criminal offences. The Court allowed other administrative modifications on the basis that they do not deter from the original object and purpose of the BCCI constitution.