New Delhi: Former Chief Justice of India (CJI) RM Lodha said Friday he is ‘not disappointed’ with the recent judgement of the Supreme Court. It allowed the Board of Control for Cricket in India (BCCI) to make proposed amendments to its constitution and relax the cooling-off period requirement.
As per the new order, the cooling-off period for office bearers will kick in after two consecutive terms at either the BCCI or at the state-association level. The office-bearers can now have a maximum of 12 years at one go: two three-year terms at the state-association level and two three-year terms at the BCCI. After this, the cooling-off period will be applicable.
The decision will allow the current set of office bearers, led by BCCI president Sourav Ganguly and secretary Jay Shah, to be in office until 2025. Ganguly and Shah had already served one term each at the state and BCCI levels. They would have been disqualified under the existing rule. However, they can now serve an additional term at the BCCI.
Justice Lodha who headed a Supreme Court-mandated panel that recommended a series of reforms in the BCCI six years ago, shared his thoughts with this agency.
Q: How do you see the recent judgment by the Supreme Court on the BCCI constitution amendment issue?
A: Look as I already indicated earlier, so far as our report and cooling-off element is concerned, that was accepted by the Supreme Court in its first order July 18, 2016. So, our report was accepted. Thereafter it was changed August 9, 2018 and now September 14, 2022. So, maybe, the Supreme Court found that earlier orders were substantially wrong, and that needed to be corrected. Perhaps maybe they changed (it). The judicial conscience may have been shaken, that such an erroneous order cannot be allowed to stand.
Q: Are you disappointed with the latest development?
A: No, no, not disappointed. Why? Look, our report was accepted by the Supreme Court. Cooling-off period, which we recommended, was accepted by the court July 18, 2016, after threadbare discussion. So, if thereafter, some changes are made, the Supreme Court, in its wisdom, can do it. So far as I’m concerned or the committee’s concerned, we’re not disappointed. What we recommended was accepted in the first instance.
Q: Do you think the cooling-off period is the key to cleaning up the administration in India?
A: Yes, that was one of the very important elements of our report. Actually, it is one of the fundamental principles of governance of any institution, any organisation that monopolies are not created. So, the cooling-off period actually eliminates that creation of monopoly. After one tenure or one term you take cooling (off) and let other new persons come, and that helps in eradicating monopoly.
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So, it’s very, very important, and you know, in the background in which actually the Supreme Court-appointed committee for structural reforms had this (was) because people earlier were at the helm of affairs for years and years; the same four or five people were holding the positions. So, therefore, cooling-off is a very important element. But, now, the Supreme Court may have thought in its wisdom that it needed to be changed. So, they did.
Q: What do you think made the Supreme Court change its stance on the issue?
A: Look, I can’t anticipate that. The Supreme Court must have found that by the acceptance of Lodha report on cooling-off in the first order, or by the August 9, 2018 order, some gross error was committed and that needed to be corrected. Otherwise, you know, the Supreme Court judgments have already become final.
Q: Do you think the BCCI played smart this time?
A: Arre bhai, BCCI has shown that who’s the boss!
