The Supreme Court last week effected major amendments to the constitution of Board of Control for Cricket in India (BCCI) that would entitle its president, secretary and office-bearers to have two consecutive terms spanning six years in the board, even if they had served for three years in state associations immediately before entering BCCI.
A bench of Justices D Y Chandrachud and Hima Kohli, thus, significantly altered the 2018 SC-approved BCCI constitution, which had mandated an office bearer to undergo three-year cooling off period after two consecutive terms in state association, or BCCI or cumulatively.
The earlier constitution had mandated a person, who was an office-bearer in a state association for three years, to cool off for three years after a succeeding three-year term in the BCCI. This clause was impeding further stints in the BCCI for its president Sourav Ganguly and secretary Jay Shah as both had worked as office-bearers in cricket associations of Bengal and Gujarat.
In December 2019, the AGM of BCCI had unanimously passed resolutions for amending the constitution and its consequent application for SC-approval had been pending for more than two and half years.
As per the amended cooling off clause approved by the SC, a person after two consecutive terms in a state association, will have to undergo a cooling period of three years before contesting elections for the state association. It said the cooling off period would not kick in if he chooses to switch to national level and contest elections for BCCI, where on being elected, he would be entitled to further two terms.
The bench accepted the amendments proposed by BCCI through solicitor general Tushar Mehta after these were tweaked by amicus curiae Maninder Singh to make them conform to the judicial sentiments. These amendments would permit Ganguly and Shah to contest again for the posts they are holding.