The Supreme Court on Wednesday asked the Board for Control of Cricket in India (BCCI) if the reason it allowed politicians and Ministers a prime spot in cricketing affairs was due to any apprehension that one day, Parliament may enact a law to take over its public functions.
Wondering what stopped the Parliament to enact a law for selecting the national team and organizing cricket matches, the bench of Chief Justice TS Thakur and Justice FM Ibrahim Kalifulla said that the reason for the Justice lodha Committee to propose reforms of BCCI was due to the public functions it discharged.
Referring to the recommendation of lodha panel to keep out Ministers and politicians from the Board's daily affairs, the bench said, "Nowhere in the world will you find politicians meddling in sport bodies…What is the qualitative benefit of having a MinisterIJ"
Responding to Curt's query, senior advocate BH Marlapalle who represented the Mumbai Cricket Association said it was not a "happy situation" but the fact is having a Minister or politicians helps in getting things arranged in place before a match and taking care of law and order. Referring to the recent instance in Himachal Pradesh where a scheduled World Cup T20 match had to be shifted out of the state due to law and order situation, Marlapalle said, "When it comes to actual game, things do not work if no person from the authority is there with you."
The bench asked, "Do you apprehend at some stage, Parliament is going to replace you with a statutory cricket body. Ministers and politicians are with you, so rest assured that will not be done." In reply, senior advocate Kapil Sibal who appeared for Baroda Cricket Association said that will never be the case as state cannot interfere with BCCI's affair unless the question of preserving sovereignty, integrity, public order and morality is involved. The bench said, "Just like Court had ruled you (BCCI) cannot have conflict of interest since you perform public duty, by this extension Parliament can make a law to select Indian team."
Marlapalle further contested lodha panel's recommendation of one state one vote. By this, MCA will lose its vote despite being the founder member of BCCI and having the Wankhade Stadium to its credit. Also, its annual fund from BCCI will reduce by half from the current Rs 150 crore figure.