New Delhi: The Supreme Court verdict on BCCI reforms on Sunday came under a sharp attack from former apex court judge Markandey Katju, who termed the reforms as “unconstitutional and illegal”.
“In this case, the Supreme Court outsourced a committee (referring to Lodha Committee) to decide on BCCI’s punishment,” he said.
BCCI secretary Ajay Shirke, however, said that the BCCI will study the interim report prepared by Justice Katju and then take a call.
“The Supreme Court had appointed the Lodha Committee to find the defects in working of BCCI. That was okay. When the Lodha Committee Report was submitted to the Supreme Court, it should have been forwarded to Parliament and State Legislatures. It then should have been left to legislature to accept or not to accept the recommendations. Judiciary is not supposed to legislate,” Justice Katju said, elaborating his viewpoint.
Justice Katju’s take is that since BCCI’s constitution has been prepared as per Tamil Nadu Societies Registration Act, both SC and Lodha Committee can’t forcibly change the BCCI by-laws.
“Both Supreme Court and Lodha Committee violated ‘Tamil Nadu Societies Registrar Act”. They have their own Memorandum and by laws. If you want to change the constitution, a special resolution needs to be passed by 2/3rd of majority. The society alone can amend the bylaws. There can be complaints on financial irregularities or administrative lapses, one has to write to Registrar of Societies.
“If we speak about reforms in BCCI, then reforms are needed in judiciary also. There are more than three crore cases pending in Indian courts. And if this dangerous trend starts, tomorrow, the Supreme Court might dictate editorial policies of press, tenure of journalists. It will then open a Pandora’s Box,” Katju added.
