BCCI Challenges Implementation Of Lodha Panel Reforms, Moves Supreme Court

The Board of Control for Cricket in India has challenged the implementation of the Justice Lodha Panel reforms and has moved the Supreme Court, asking them to review the July 18 order.

In a petition to the Supreme Court, the BCCI have argued that the July 18 verdict has several mistakes and they want the review to be done by a five-judge bench.

The petition argues that the Lodha Panel does not have the powers and expertise to deal with the case and has said the Supreme Court has outsourced the verdict through the Lodha Panel which is not permissable under the law.

BCCI further said the judgment authored by the CJI and Justice F M I Kalifulla (since retired) has "neither noted the contentions and facts correctly, nor dealt with the same". "The judgment is unconstitutional and contrary to many binding precedents of this Court and adversely affects and nullifies the fundamental rights granted to citizens under Article 19(1)(c) of the Constitution," it said, adding "the judgment outsources judicial power to a committee of retired judges, which is impermissible in law."

"The judgment is a nullity as the judges were functus officio after passing of the main judgment of January 22, 2015 and the matter could not have been revived suo motu as no provision of law empowers the same and is contrary to the doctrine of separation of powers and contrary to settled law that the judiciary cannot make laws," the plea said.

This comes in the wake of Justice Markandey Katju calling the Lodha panel 'bogus' and has stressed that the Supreme Court cannot force reforms on the Board of Control for Cricket in India. The Lodha panel was created to restructure the Indian cricket board.

The report, which was presented to the BCCI, added, "The matter ought to have been forwarded by the Supreme Court with the Lodha committee recommendations to Parliament with its own recommendation. So that Parliament could enact a law if required."

The report also pointed out that the order does not apply to State Associations as it infringes the rights in Article 19 ( c ) of the constitution.

The Supreme Court-appointed Justice Lodha Panel categorically instructed the Board of Control for Cricket in India (BCCI) to implement a 15-step reform by October 15 ranging from constitutional reforms to principles of awarding various contracts, including lucrative TV rights.

(With Inputs From A Vaidyanathan)