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32<br />
Sportslink<br />
BCCI could be bowled out for unruly defiance<br />
Ravi Nyayapati<br />
The Supreme Court of India, in<br />
its ruling on October 21, <strong>2016</strong>,<br />
limited the financial freedom<br />
of the Board of Control<br />
for Cricket in India (BCCI) until it<br />
complied with the recommendations<br />
of the Lodha Commission, setup to<br />
transform cricket governance in<br />
India.<br />
The New Zealand media picked<br />
up the speculation that the Black<br />
Caps’ ongoing tour of India may be<br />
cancelled.<br />
The Lodha Commission, headed<br />
by former Chief Justice of India, RM<br />
Lodha, submitted a report in January<br />
<strong>2016</strong>, recommending sweeping<br />
reforms to shake-up cricket governance<br />
in India. The BCCI has been<br />
resisting the verdict.<br />
Domination<br />
The BCCI prides itself of the<br />
command it has in World Cricket.<br />
After decades of dominance by its<br />
English and Australian counterparts,<br />
BCCI has become the authoritative<br />
figure within the ranks of the International<br />
Cricket Council (ICC).<br />
Such is its influence that it dictates<br />
its own terms, defying the norms of<br />
the general rule book. For example,<br />
it chooses not to use the Decision<br />
Review System (DRS) in a bilateral<br />
series, or have ‘strategic time-outs’ in<br />
T20 games for commercial benefits.<br />
This commercial dominance has<br />
been a catalyst to a remarkable shift<br />
in Team India’s overall performance.<br />
Gone are the days of nervousness<br />
where games involving the boys in<br />
blue were subject to uncertainty and<br />
trepidation. Now, the <strong>Indian</strong> team<br />
is in the top league in all formats of<br />
the game.<br />
A glut of troubles<br />
Amidst all this glory, the BCCI has<br />
unfortunately been embarrassed<br />
very often on the world stage.<br />
Cricket is perhaps the only sport<br />
of India with a true patriotic fervour<br />
of its people. Yet, BCCI continues to<br />
be mired in controversies, be it with<br />
the ICC or with the <strong>Indian</strong> judicial<br />
system.<br />
The Lodha Commission was<br />
established for a very good reason –<br />
to focus on the irregularities of BCCI,<br />
especially because of match fixing<br />
and corruption that became more<br />
common after the advent of the<br />
<strong>Indian</strong> Premier League (IPL).<br />
In July 2015, the Lodha Commission<br />
gave its final submission and<br />
placed a ban of two years on IPL<br />
franchises ‘Rajasthan Royals’ and<br />
the highly successful ‘Chennai Super<br />
Kings,’ which boasted of Captain<br />
Mahendra Singh Dhoni at its helm.<br />
Structure and Constitution<br />
The Commission submitted a report<br />
in January <strong>2016</strong> recommending<br />
reforms to the structure, constitution<br />
and governance of BCCI.<br />
Basic structural and constitutional<br />
issues were identified, such as the<br />
absence of representatives from<br />
states such as Bihar, Chhattisgarh,<br />
Uttarakhand and six North-Eastern<br />
states, even though there are 30 full<br />
time members in BCCI.<br />
A notable yet bizarre irregularity<br />
is that BCCI is still registered as a<br />
society under Tamil Nadu Society<br />
Registration Act. State Associations<br />
are all registered under different<br />
types of establishments.<br />
The Lodha Commission wants to<br />
rectify these irregularities by ensuring<br />
that each state is represented<br />
by only one member (and therefore<br />
one vote) and an associate member<br />
status is given for smaller states so<br />
that their views may be considered.<br />
This would bring about uniformity<br />
in BCCI’s constitution.<br />
Governance<br />
BCCI’s governance was noted as<br />
particularly poor by the Commission.<br />
For example, the President of the<br />
Board has all powers of management<br />
including selection of teams<br />
and the power to veto the Selection<br />
Commission.<br />
The absence of women in the<br />
organisation has been noted.<br />
The Commission highlighted the<br />
contentious issue of unlimited term<br />
for office-bearers; worse, there are<br />
no grounds for disqualifications on<br />
which an office bearer must demit<br />
office.<br />
The Commission has recommended<br />
an Apex Council comprising nine<br />
members including the President,<br />
who will all collectively share the<br />
powers.<br />
It has also recommended the<br />
appointment of a CEO and the term<br />
of office-bearers to three years,<br />
limited to two continuous terms. In<br />
addition, no person can hold two<br />
posts at the same time.<br />
The Commission has also said that<br />
ministers and government officials<br />
should not be included in the BCCI<br />
governing body. The current President<br />
is a Member of Parliament.<br />
NOVEMBER 1, <strong>2016</strong><br />
<strong>Indian</strong> Premier League<br />
A range of sensible steps have<br />
also been suggested for <strong>Indian</strong><br />
Premier League (IPL) management.<br />
To counter match-fixing issues, the<br />
Commission’s view is that it should<br />
be made a criminal offence and betting<br />
should be legalised except for<br />
players and those people covered by<br />
the BCCI and IPL regulations.<br />
Unnecessary Resistance<br />
In September <strong>2016</strong>, ICC refused to<br />
be embroiled in the controversy.<br />
Its current President is Shashank<br />
Manohar, a former BCCI President,<br />
highly regarded for his stance on<br />
logic and rationale in the sport.<br />
The spirit of Lodha Commission<br />
report accentuates the need to reform<br />
cricket in India by eliminating<br />
poor governance.<br />
However, BCCI has been fighting<br />
tooth-and-nail to resist the recommendation<br />
and of late has been<br />
cherry picking recommendations.<br />
Its disregard for the legal mandate<br />
is incomprehensible.<br />
After all, most recommendations<br />
are logical and necessary.<br />
On September 28, <strong>2016</strong>, Chief Justice<br />
of India TS Thakur warned BCCI<br />
of its resistance as the September 30<br />
deadline approached. On missing<br />
this deadline, the Court ordered the<br />
financial lockout.<br />
This report may set the landmark<br />
for reforms in other sports bodies<br />
in India.<br />
The challenge at hand is to see it<br />
implemented.<br />
BCCI president Thakur and<br />
secretary Ajay Shirke are to meet the<br />
Lodha Commission before <strong>November</strong><br />
3, <strong>2016</strong> to report on progress.