Markandey Katju terms Lodha committee recommendations 'unconstitutional and illegal'

Former Supreme Court judge Markandey Katju who has been appointed by the Board of Control for Cricket in India (BCCI) as an advisor to the board on implementation of the Lodha Committee recommendations has attacked the SC and called the reforms suggested by the committee as “unconstitutional and illegal”.

Katju after studying the report has asked the BCCI to file a review petition before a larger bench of the SC and also to skip the meeting with the Lodha Committee on August 9. As he terms the panel a “null and void”.

“What the Supreme Court has done is unconstitutional and illegal,” Katju said at a media conference. “There has been violation of principles of the [Indian] Constitution. Under our Constitution, we have legislature, executive and judiciary. There is broad separation of functions. It’s the legislature’s prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent.

“I have advised them [the BCCI] to file a review petition before a larger bench. In this case, the Supreme Court outsourced a committee [the Lodha Committee] to decide on BCCI’s punishment.”

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Ajay Shirke the BCCI secretary said that the BCCI will take its time to study the interim report submitted by Justice Katju before making the decision.

“The Supreme Court had appointed the Lodha Committee to find the defects in working of BCCI. That was okay. When the Lodha Committee report was submitted to the Supreme Court, it should have been forwarded to Parliament and State Legislatures,” Katju said. “It then should have been left to legislature to accept or not to accept the recommendations. Judiciary is not supposed to legislate.”

Justice Katju explained that the BCCI’s constitution was framed as per Tamil Nadu Societies Registration Act and that prevents both the Lodha Committee and the apex court from forcing it to change the by-laws.

“Both Supreme Court and Lodha Committee violated ‘Tamil Nadu Societies Registrar Act’,” he said. “They [the BCCI] have their own memorandum and by-laws. If you want to change the [BCCI’s] constitution, a special resolution needs to be passed by two-third of majority. The society alone can amend the by-laws. There can be complaints on financial irregularities or administrative lapses, one has to write to Registrar of Societies.”

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Justice Katju who has always had a strong opinion on cases involving public or political interest said that in his view “reforms are needed in the BCCI”,

“If we speak about reforms in BCCI, then reforms are needed in judiciary also. There are more than three crore cases pending in Indian courts. And if this dangerous trend starts, tomorrow the Supreme Court might dictate editorial policies of press, the tenure of journalists… It will then open a Pandora’s Box.” He said.

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