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BCCI wants certain clauses in Draft Constitution removed
Monday 16 October 2017

BCCI wants certain clauses in Draft Constitution removed
They pertain to protection given by the Constitution of India to the State associations
Referring to substantial parts of the Supreme Court order of July 18, 2016, with regard to the protection given by the Constitution of India under Article 19 (1)(c) to the State associations, the BCCI’s acting president C.K. Khanna and treasurer Anirudh Chaudhry have suggested to the Supreme Court that certain clauses of the Rules & Regulations, authored by the Lodha Committee, be deleted from the Draft Constitution of the BCCI and that it ought not form part of the final constitution of the BCCI.
The Committee of Administrators had prepared the Draft Constitution under instructions from the Court.
The Court, by its order of September 21, had asked the BCCI office-bearers — Khanna, Chaudhry and acting secretary Amitabh Choudhary — to respond to the Draft Constitution, include the suggestions of the Lodha committee in its entirety, co-operate or face serious consequences.
The apex court will look into the office-bearers’ suggestions and resume hearing the case related to the Lodha Committee reforms on October 30.
In their long note, a copy of which has been sent to the CoA and the Supreme Court, Messrs Khanna and Chaudhry have taken extracts from the Court’s July 18 order on the aspect of protection given to the State associations by Article 19 (1)(c) and said that it was their understanding that the Hon’ble Court was pleased (1) to recognise the protection to State associations under the stated Article of the Constitution of India, (2) the (Lodha) recommendations do not affect the composition of the State cricket associations in any manner, (3) the citizens who have come together to form the State associations continue to associate as before with no change in their internal composition, (4) to hold that the recommendations made by the (Lodha) Committee do not interfere with or alter the composition of the State Associations.”
Khanna and Chaudhary have also pointed out that “any alteration/addition/amendment of constitution may tantamount to transgressing the mandate of the Hon’ble Supreme Court” and therefore, it is suggested that in order to bring harmony between the judgment dated (July 18, 2016) and the proposed Draft Constitution of the BCCI, it is imperative that the clauses which are being sought to be added on the basis of Frequently Asked Questions (FAQs) — to the Justice Lodha Committee report as accepted by the Hon’ble Supreme Court with certain clarifications and modifications — be removed.
They have also pointed out that the CoA “may have sought to modify certain clauses of the Draft Constitution of their own volition that seek to amend it significantly in a manner not even conceived by the Hon’ble Supreme Court or the Hon’ble Justice Lodha Committee.”
Citing an example, the two BCCI office bearers have said: “The Committee (CoA) has sought to eradicate the authority of the Secretary to execute contracts for and on behalf of the BCCI, has sought to eradicate the authority of the Treasurer and other Office Bearers to sign cheques for and on behalf of the BCCI.
“It is therefore being suggested that all such amendments proposed by the CoA on their own volition or otherwise, that seek to amend the Constitution of the BCCI as contained in the Justice Lodha committee report and as accepted by the Hon’ble Supreme court with certain clarifications and modifications, be removed.”

Referring to substantial parts of the Supreme Court order of July 18, 2016, with regard to the protection given by the Constitution of India under Article 19 (1)(c) to the State associations, the BCCI’s acting president C.K. Khanna and treasurer Anirudh Chaudhry have suggested to the Supreme Court that certain clauses of the Rules & Regulations, authored by the Lodha Committee, be deleted from the Draft Constitution of the BCCI and that it ought not form part of the final constitution of the BCCI.

The Committee of Administrators had prepared the Draft Constitution under instructions from the Court.

The Court, by its order of September 21, had asked the BCCI office-bearers — Khanna, Chaudhry and acting secretary Amitabh Choudhary — to respond to the Draft Constitution, include the suggestions of the Lodha committee in its entirety, co-operate or face serious consequences.

The apex court will look into the office-bearers’ suggestions and resume hearing the case related to the Lodha Committee reforms on October 30.

In their long note, a copy of which has been sent to the CoA and the Supreme Court, Messrs Khanna and Chaudhry have taken extracts from the Court’s July 18 order on the aspect of protection given to the State associations by Article 19 (1)(c) and said that it was their understanding that the Hon’ble Court was pleased (1) to recognise the protection to State associations under the stated Article of the Constitution of India, (2) the (Lodha) recommendations do not affect the composition of the State cricket associations in any manner, (3) the citizens who have come together to form the State associations continue to associate as before with no change in their internal composition, (4) to hold that the recommendations made by the (Lodha) Committee do not interfere with or alter the composition of the State Associations.”

Khanna and Chaudhary have also pointed out that “any alteration/addition/amendment of constitution may tantamount to transgressing the mandate of the Hon’ble Supreme Court” and therefore, it is suggested that in order to bring harmony between the judgment dated (July 18, 2016) and the proposed Draft Constitution of the BCCI, it is imperative that the clauses which are being sought to be added on the basis of Frequently Asked Questions (FAQs) — to the Justice Lodha Committee report as accepted by the Hon’ble Supreme Court with certain clarifications and modifications — be removed.

They have also pointed out that the CoA “may have sought to modify certain clauses of the Draft Constitution of their own volition that seek to amend it significantly in a manner not even conceived by the Hon’ble Supreme Court or the Hon’ble Justice Lodha Committee.”

Citing an example, the two BCCI office bearers have said: “The Committee (CoA) has sought to eradicate the authority of the Secretary to execute contracts for and on behalf of the BCCI, has sought to eradicate the authority of the Treasurer and other Office Bearers to sign cheques for and on behalf of the BCCI.

“It is therefore being suggested that all such amendments proposed by the CoA on their own volition or otherwise, that seek to amend the Constitution of the BCCI as contained in the Justice Lodha committee report and as accepted by the Hon’ble Supreme court with certain clarifications and modifications, be removed.”

(Courtesy: Mumbai Mirror)

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