Thread by @barandbench

#SupremeCourt to shortly hear pleas regarding amendments to #BCCI constitution to do away with mandatory cooling-off periods between tenures of administrators.

Bench of Justices DY Chandrachud and Hima Kohli to hear matter.

#Cricket #CricketTwitter #cricketnews #IndianCricket

SG mentions matter

SG: I'm sorry I've been bothering your lordships with this for indulgence. Had mentioned yesterday also. May take it up.

SC: We'll hear it after the transfer Petitions? How much time will you need?

SG: Atleast 20 minutes.

SG: Mr Sibal and I are on the same side for once.

SC: Who are you representing Mr Sibal? What is your stand?

Sibal: Tamil Nadu Cricket Association my lords. We support the amendments.

#SupremeCourt #BCCI

#CourtroomExchange

Justice Chandrachud: Why is there such a huge crowd (of lawyers)? Oh wait the mentionings are before this Bench today.

[CJI-led Constitution Bench is hearing the EWS quota matter]

SC: Okay let's see how long these other matters take.

SG: Because of your Lordships indulgence game of cricket in India has largely been streamlined. But when rules come in way of functional operations, amendments are needed. In draft constitution, Court had said for amendments, 3/4 vote in GBM and leave of this Court needed.

SG: Lordships were considerate that these are autonomous bodies, and these changes sought were resolutions passed unanimously.

SC: These were passed by the general body?

SG: yes. Let me show how without them it doesn't increase the functional aspect of the board.

SC: what is the date of the judgment of our court.

SG: August 9, 2018.

#SupremeCourt #BCCI

SG takes court through a chart underlying the existing rules and proposed amendments.

SG: Cooling off period stipulates that office bearer of state and Bcci for one term, i have to go for cooling off period. State and bcci rules are different, practically how things work...

SG: Bcci is a federal organisation, under it State and district associations. Leadership develops at grassroots, then depending on quality and inbuilt work they gain experience of administration and domain expertise. Thereafter they migrated to bcci elections. One year period...

SG: found to be too short a tenure.
What we are proposing is a total limit of 9 years for any post.

SC: Let us see the exisiting Provisions.

SG reads

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Justice Kohli: So you want to confine the relaxation to the president and secretary?

SG: yes.

Justice Chandrachud: So you're saying even during cooling off period they should be allowed to contest state association polls?

SG: Yes and converse. Even if I'm elected unanimously i can't hold office.

Justice Chandrachud: So you're saying it should apply after two terms...

Justice Chandrachud: at either association. What's your justification?

SG reads from pleadings.

SC: So 9+9 (sought)?

SG: Yes, total 18 years.

SG says the current cap is disentitling several deserving possible administrators, tenures truncated or cut short abruptly that affects continuity.

SG: Kindly visualise, someone who's energetic and starts building ..

Justice Chandrachud: So a person who's been president of ..

Justice Chandrachud: MCA can't contest for BCCI without cooling off?

Amicus Maninder Singh points to exisiting rules, says those even with experience have to sit out.

SG: If he's building a stadium or any other project, because his tenure is truncated he won't be able to finish it. Contention of same people occupying the top post taken ...

SG: care of by the 70-yr age cap and the 9-year tenure limit at associations.

#BCCI #SupremeCourt

SG reading from pleadings: Tamil Nadu Societies Act allows reappointment.

SG: Concern that no one person should be perennially in power is taken care of, while allowing for continuity of services. Cricket administration is something different, can't deprive BCCI of ...

SG: an experienced person's services.

#BCCI #SupremeCourt

SG: also, ban on anyone holding public office. Public office is too wide a word and might screen out unnecessarily many experienced hands. This may be removed.

#bcci #SupremeCourt

SG: On ban on those from other sports administration bodies, there's a cricketer doing well in golf admin, this might deprive BCCI of vital experience.

#bcci #SupremeCourtOfIndia

Justice Chandrachud: The idea is if you're in one sport don't be in another.

Justice Kohli: At one time focus on one sport.

SG: point taken my lords, but at no place is one person in more than two (sports orgs).

SC says ban on those with charges is a serious provision.

SG: My lords going by charges, that has a diff connotation and threshold. My friend may slap me and get banned, we have to go by word of IO. These provisions are more misused than used. In public life this the reality, if i don't want someone to participate I put sc st charges.

SC goes through bifurcation of [IPL] governing council and bcci admin.

Justice Chandrachud: see, it applies to office bearer, apex council member or ... While disqualification for governing council member is only for these grounds. Why do you want people above 70?

SG: No no that i don't think. We want that to go only so far as ICC is concerned.

@ICC

Justice Chandrachud: Why do you want 75-year-olds there? Go with younger blood.

SG: Let me explain that, don't go by age my lords. ICC has to decide which country gets how much. My word will count and be respected then.

#bcci

Justice Chandrachud: But Mr Solicitor all that can be done by people below 70.

SG: People above 75 are doing amazing work.

Justice Chandrachud: I agree. Look at the AG. After 70, you should be listening to music. I don't mean to be ... I mean we have great doctors 70+

SC: We're not compelling you to send 20-yr olds. 60+ also allowed.

Justice Chandrachud: Most people below 70 will be at their best.

Justice Kohli: most people at ICC are 70+? Can we take that on record?

Justice Chandrachud: This amendment is very very dicey. Do ECB, CA have only 75+ folk?

SG moves to other amendments.

Bench goes through other disqualifications that bcci is seeking to remove

Justice Chandrachud: Insolvent is there, 70 is gone ... You've completely deleted the 9-yr limit of they've been in the governing council.
SG: there are several committees, governing council is not membr

SG goes through amendment that lets Secretary have power over cricketing and non cricketing matters, with the COO reporting to him and delegation powers.

SG: elected reps should be allowed more responsibility, by making the secretary the medium of functionaries in bcci. So he..

SG: is the de-facto administrator and COO will be subservient to elected reps.

#bcci #SupremeCourt

SG: Those posts are selected by elected representatives, so elected can't be subservient to them is sought to be corrected. That's all, ultimately they are all autonomous bodies, some are societies. Without touching motives, we're seeking to remove functional dichotomies.

#bcci

Amicus Maninder Singh takes court through two judgments in the matter.

#BCCI #SupremeCourtOfIndia #SupremeCourt

SC: 6.5 provided cooling off periods if 2 terms done?

Amicus: I have 2 submissions. Rationale given in 3-6 wrt experience at district and State level, your lordships may consider. Nature of functioning at bcci and state associations different. Combo of tenures may be updated...

SC: We don't understand you? Tell us the exisiting position first.

Singh (Amicus): originally it was cooling off after every three years of office. After judgment it became after two terms.

Amicus: What they are proposing now is separate the two terms for State and BCCI. On that I submit that if the Court is to consider ...

SC: You suport it?

Amicus: But it should for all office-bearers.

Justice Chandrachud: Yes I agree, had made a note.

#bcci #SupremeCourt

SC: Now read the proposed changes, but very slowly so everyone can follow.

SG: we have made the change because cooling off for State associations will be towards their Constitution which we can't change that, only through judicial orders.

SC: But only then will it be implemented.

Justice Kohli: But you're saying 2 consecutive terms at both? 12 yrs?

Amicus: I'm saying the consequences of if this Court were to agree to the amendments.

Justice Chandrachud: 12 years without a cooling-off period is too long.

Amicus: Combination of both can be decided on.

#bcci #SupremeCourt

SC: We can say cooling off to kick in once second term set in in either association. We're only saying delete the word 'combination of both'. Read it without that mr Singh.

SG: Lordships please consider ...

SC: Earlier problem was even if you did 1 three year term you...

SC: had to cool off. That was too stringent, because you need time to make networks, understand this is our suggestion.
Social media thinks that everytime we say something that's the judgment, lawyers can correct us also, it's only for a dialogue.

#CourtroomExchange

Justice Chandrachud: Mr Sibal i couldn't see you.

Sibal (laughs): But the proposal makes sense.

#BCCI #SupremeCourt

SC: Who holds a public office, even party heads?

Sibal: No, an MLA or MP does, not the leader of a party.

SC: What was reason for deleting word 'public office'?

SG: Persons like bank officials who may be interested in cricket are..

Sibal: many cricketers are PSU employees

Justice Chandrachud: We also read newspapers and follow social media. Shouldn't exclude someone like say a fast bowler from having his voice. One person should not be holding office in cricket and football boards. They've accomplished power play without being good players.

SG gives example of a cricketer who's doing well in football administration.

SC: Who's that?

SG: Our former captain Mahendra Singh Dhoni. Doing very well.

SC: Oh

Sibal: We're also saying 70+ shouldn't be disqualified from being icc representative, they are not a member.

SC: Mr Singh please read that para.

Justice Chandrachud: We will in our order set down the existing provisions and what we are modifying. We'll hear you tomorrow as well. Now let's hear the other side.

#bcci

Adv: They want absolute power. National Sports Code has bearing on all sports. Youth should be promoted in managerial positions.

Justice Chandrachud: We know the sports code, have heard cases on it earlier. But cricketers' shelve lives are limited. Obviously they can't...

Justice Chandrachud: Obviously they can't be admin at 80-85. But at the same time you can't have youth and exclude cricketers who may have been born in or played in the 60s.

SC: What's the lack of sanctity in saying that representative to ICC must be above 70? So much money involved.

Adv: Only saying below 70.

SC: That's the issue some of them are very rigid.

Sibal: All the suggestions came from people who were 70+.

Bench laughs.

SC: Okay what are you other objections?

Adv says purpose of cooling off will be defeated.

SC: Idea is after 6 years you'll have vested interests so need to go. We had earlier imposed the relaxation.

SG: My lords this what happens when individuals meddle in federal body.

SG: He is representing one association.

SC: Who are you?

Adv: Association of Cricket in Bihar.

SC: If we hear individual IAs then ...
If Mr Amicus and SG can put up the points ...

Justice Chandrachud: We'll have it at 2pm tomorrow.

Adv mentions matter of challenging impending Bihar cricket association since bcci judgment is pending.

SC: Next week there will be a consolidated list of after-notice miscellaneous items. That will keep rolling over.

Sibal: Nowadays issue is we get to know of matters being listed at 11pm sometimes.

SC: That is sought to be obviated.

#BCCI