BCCI bouncer: Markandey Katju terms Lodha panel unconstitutional
He has said that both Supreme Court and Lodha Committee can not forcibly change the BCCI by law because the BCCI constitution has been prepared as per the Tamil Nadu Societies Registration Act
The BCCI, it seems, is not at all keen to implement Lodha panel recommendations that asked for sweeping reforms in the national governing body for cricket in the country. In a clear defiance, the BCCI appointed former Supreme Court judge Markandey Katju to advise on the Supreme Court verdict on the implementation of Justice Lodha committee recommendations. He has termed the recommendations "unconstitutional".
Katju also instructed the apex cricket board to file a review petition before a larger bench of the Supreme Court.
"What the Supreme Court has done is unconstitutional and illegal. There has been violation of principles of the Constitution. Under our Constitution, we have legislature, executive and judiciary. It's the legislature's prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent," Katju told mediapersons.
"I have advised them (BCCI) to file a review petition before a larger bench. In this case, the Supreme Court outsourced a committee to decide on BCCI's punishment," he said.
The former Justice explained that both Supreme Court and Lodha Committee cannot forcibly change the BCCI by law because the BCCI's constitution has been prepared as per the Tamil Nadu Societies Registration Act.
"Both the Supreme Court and Lodha Committee violated the Tamil Nadu Societies Registrar Act. They have their own Memorandum and by laws. If you want to change the Constitution, a special resolution needs to be passed by 2/3rd of majority," he said.
"The society alone can amend the bylaws. There can be complaints on financial irregularities or administrative lapses, one has to write to Registrar of Societies."