New Delhi: The Supreme Court on Tuesday said the constitution of BCCI is highly incapable of achieving the values of transparency, objectivity and accountability which can be attained only by changing it.
"The inherent constitution of BCCI is such that it is highly incapable of achieving the values of transparency, objectivity and accountability that without changing its structure it can't be done so," a bench comprising Chief Justice T S Thakur and Justice F M I Kalifulla said.
The remarks were made after senior advocate Gopal Subramanium, who was appointed as amicus curiae by the apex court to assist it on the issue, said if the constitution of BCCI does not allow the values to be achieved then it could be said to be illegal as the cricket board is discharging public function.
"You discharge public function but you want to enjoy private status. If you have public persona then you have to shed private persona. This cannot be done. It selects national team for the country, it cannot be a private society. It is a public entity," Subramaniam said.
Justifying the recommendations of Justice R M Lodha panel for lage-scale structural reforms, he said had the BCCI adhered to the constitutional values there would not have been need for recommendations.
"Recommendations are in right directions and the steps are in right direction to ensure that constitutional values are adhered to ensure institutional integrity," he said, adding that BCCI is the beneficiary of the recommendations of Justice Lodha-led committee and if they are implemented it will help ensuring the credibility of the institution.
The bench asked Subramaniam as how it connects the two points that states which were earlier deprived of voting rights will have now while the recommendation takes away from those already had.
The amicus curiae said the only ground which connects the two aspects is parity and every state should have been given equal opportunity.
He also suggested that in IPL governing council, members of franchise should also be included to bring in more transparency.
The bench then asked the BCCI's response on legalising betting after Subramaniam supported the recommendation.
Senior advocate K K Venugopal appearing for cricket board said for legalising the betting a law has to be passed and BCCI does not agree with the argument.
He said every state has their own law relating to betting and gambling and it will not be feasible.
The apex court had yesterday said all state cricket associations will have to "fall in line" with recommendations of the Lodha panel on structural reforms in BCCI which was carried out in the wake of match-fixing and spot-fixing allegations.
Earlier, the apex court had pulled up the BCCI for resisting the Lodha committee's recommendation on capping the age of its office bearers to 70 years.
The current proceedings in the apex court is the outcome of the petition filed by CAB through its secretary Aditya Kumar Verma who has alleged large scale irregularities.
The apex court had on April 25 pulled up BCCI for "monopolising" cricket in the country and had said several youngsters wanting to be Dhonis and Kohlis are not given equal opportunity if they are not on the right side of the cricket body.
