Question of ethics, not judicial overreach, in Cricket

The Indian cricket is at a crossroads, thanks to the Supreme Court of India.

- Prakash Nanda

On last Monday, the three-judge bench comprising Chief Justice of India TS Thakur (who retired the next day) and Justices AM Khanwilkar and DY Chandrachud, approved the Lodha Committee's (Justice R M Lodha also happens to be a former Chief Justice of the country) view of the BCCI's office bearers and directed the removal of the Board of Cricket Control of India (BCCI) president Anurag Thakur and secretary Ajay Shirke from office with immediate effect.

The court has ordered that other office bearers of the BCCI and state associations who did not meet the eligibility criteria set by the Lodha Committee shall "cease to hold office" immediately. An office bearer, the Court has decided, should be a citizen of India, should not be 70 years or older, should not be a government servant or minister, should not hold office in another sports organisation, should not have held office with the BCCI or state association for more than nine years, should not be insolvent or of unsound mind, and should not have a criminal record.

Under these criteria, neither Anurag Thakur nor Ajay Shrike is disqualified, but the Court has punished them for not ensuring that the state associations have agreed to implement Lodha Committee’s recommendations. And, this despite the fact that the sacked BCCI president had pointed out that he did not have power, under BCCI constitution, to force the state cricket boards to fall in line. It is really surprising that the Court did not agree to Thakur’s plea, which, in my considered view, was quite reasonable.