The Board of Control for Cricket in India (BCCI) has finally gotten its way in the Supreme Court, with its main petitions regarding cooling-off limits being allowed. In its ruling, the Supreme Court stated that an office-bearer at the state and BCCI levels does not need to go into cooling-off after one term and is allowed two consecutive terms at both levels. It effectively allows Jay Shah, the current secretary of the BCCI, to stay in his position.
According to a judge bench comprised of Justices DY Chandrachud and Hima Kohli, “The submission that the application of cooling off to an individual who has completed one term at each level (at state unit and BCCI) is stringent,” and added, “keeping in mind the reason for which the cooling off period was introduced, we are of the considered opinion that the amendment would not dilute the original objective.” As a result, we agree with the proposed amendment.”
The Supreme Court has allowed amendments to the BCCI constitution requiring a break after a combination of two terms (of three years each) at the state and BCCI to require a break only after two consecutive terms at that level, effectively allowing Shah to have another term as office-bearer as the secretary has had one term at the BCCI.
The Wednesday order also applies to BCCI president Sourav Ganguly, although his continuation is contingent on the support of state units, and his second term is fraught with uncertainty.
The Supreme Court refused to accept a change to Clause 45 (the last one) of the constitution, which specifies that modifying the rules requires permission from the Supreme Court. While allowing the revisions to be passed through the general body, the court has insisted on its approval.
It has agreed to broaden the definition of “public servants,” who are forbidden from serving in any capacity in the BCCI. It has been stated that only Ministers and government personnel will be covered by this new scope, allowing Members of Parliament and Legislative Assemblies to have jobs in the BCCI. The adjustment is a huge relief for Rajiv Shukla, the vice-president who recently became a Rajya Sabha member.
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