CONCEPT – LODHA COMMITTEE ON B.C.C.I. REVAMP

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CONCEPT – LODHA COMMITTEE ON B.C.C.I. REVAMP

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• HISTORY OF THE BCCI: 
1. First governing body : The game of cricket was first played in India as early as in1721. The first club, i.e., the Calcutta Cricket Club, was established in 1792, on the site where Eden Gardens now stands. It was nearly 200 years after the British first brought cricket to India that its governing body was created.  
2. BCCI : At a time of communal Gymkhanas and the occasional touring team from England, the princely families and other cricket patrons came together to create the Board of Control for Cricket in India, which was registered as a not-for-profit society in Madras (now Chennai). 
3. Today’s BCCI : The BCCI has grown from its original composition of less than half a dozen provincial members to have five times that number representing various groups and territorial divisions.  It consists of 30 Full Members some of whom do not field teams, while others do not represent any territory. Twenty States and one Union Territory are included and ten States and six Union Territories remain either excluded or disenfranchised. In addition, officially there are Associate and Affiliate Members as well as so-called Future Members. 
4. Other members : The Services Sports Control Board, the Railways Sport Promotion Board and All India Universities represent particular national service groups, who traditionally constituted the largest employers of Indian sportsmen before the advent of liberal private enterprise. 
5. Basic problems with the BCCI
1. Not all states are represented             
2. Some states are over-represented
3. Some members do not represent territories         
4. Some members neither play matches nor represent
5. UTs are not represented             
6. Ad-hoc creation of membership categories
7. Arbitrary addition and removal of associations      
8. Multiple other allegations regarding modus operandi

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• Why was the Lodha Committee on BCCI reforms constituted? As the BCCI was mired in multiple allegations of varying nature, the Supreme Court appointed it in January 2015 to look into the functioning of the BCCI and suggest changes to its constitution.
• New Draft Constitution of the BCCI: On January 4, 2016, RM Lodha, the former Chief Justice of India, gave his report, upending the entire working of the BCCI and member organistaions who immediately approached the Supreme Court raising. The final order of the two-judge bench (TS Thakur, the Chief Justice of India, and Justice Ibrahim Kalifulla), signed off on most of the Lodha proposals.
• Massive resistance: On Apr 8, 2016, the BCCI counsel KK Venugopal said the board is beyond the purview of the Supreme Court since it is a trust, the S.C. questioned its logic – “Are you suggesting that you are answerable only to the Registrar of Societies and don’t ask me to reform?”
• Biting criticism: The S.C. said in 2016 the BCCI was a monopoly running a prohibitive regime across India. Any reform in BCCI means reform for every organisation associated with it down the line.
• A players’ association: Taking note that India are the only country to not have a players' body, the Lodha committee recommended the formation of a players' association. A four-member standing committee chaired by former union home secretary GK Pillai and comprising former India cricketers Mohinder Amarnath, Anil Kumble and Diana Edulji, is appointed (to run the BCCI for the time being).

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• MAJOR RECOMMENDATIONS OF LODHA COMMITTEE

1. The BCCI must be brought under the RTI Act.
2. It recommended legalisation of betting.
3. It recommended players and BCCI officials should disclose their assets to the board in a measure to ensure they do not bet.
4. It proposed one state, one vote. Also no proxy voting of individuals.
5. No BCCI office-bearer can have more than two consecutive terms. It recommends a maximum of three terms for office bearers with no more than two consecutive terms. It further says there should be a cooling period after each term.
6. No BCCI office-bearer can be Minister or government servant.
7. In no case President will hold post for more than 2 years.
8. BCCI to have a steering committee headed by former Home Secy G K Pillai with Mohinder Amarnath, Diana Eduljee and Anil Kumble.
9. Panel recommends separate governing bodies for the IPL and BCCI.
10. It recommended relegation of Railways, Services and Universities as Associate members. They also lose voting rights.

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• What was the August 2018 SC order? The order was passed following a “comprehensive exercise” that involved the amicus curiae taking suggestions from all stakeholders – the Committee of Administrators (CoA), state associations and office-bearers.
• The CoA’s original draft constitution 2016: It was prepared in accordance with the recommendations of the Justice Lodha committee. After the SC approved these in 2016, the BCCI raised a number of objections and even had a review petition dismissed. The slight modifications to the final draft — with relation to the “one state, one vote” and “cooling period” issues shows the SC has been considerate.
• The “cooling off” issue: According to the Lodha panel report, “no officer-bearer either at state or BCCI level would be eligible to contest for a succeeding election” and would have to serve a three-year cooling period following each term. The BCCI raised the objection that every office-bearer needed some form of continuity to apply his knowledge and experience and to strengthen the BCCI’s clout within the ICC. The new constitution has found middle ground, allowing all office-bearers to serve two consecutive terms (six years) before they serve a necessary cooling-off period, but sticking to the maximum cumulative term of nine years. These include terms at both state and BCCI level.
• Impact: Now a new-look BCCI be emerge, as all the present office-bearers (Rajeev Shukla, Anurag Thakur etc.) have served nine or more years either on the various committees or as office-bearers.
• The “one state, one vote” issue: The idea was to ensure representation for every state in the BCCI. The panel had also asked for only one association from each state to be considered a full member and have voting rights (because Maharashtra and Gujarat, for example, have three associations each). The BCCI had argued that their geography was different, brought up how some of the smaller states had no cricketing culture, and argued that “one state, one vote” might end up compromising the influence of established cricketing bastions such as Mumbai and Baroda. The SC has restored full membership to all three associations in both states (August 2018).
• Full membership for Railways, Services and the Universities: The Lodha panel recommended stripping them of full membership to the end of government influence on the BCCI’s functioning. The BCCI argued against it, on the ground that the Railways had employed more cricketers than any other institution in the country. The Supreme Court has agreed with the Board’s view

• What next for the BCCI and the CoA?

1. The BCCI CEO will present the new constitution to the Registrar of Societies under the Tamil Nadu Societies Registration Act.
2. The Registrar will then register them with the court within four weeks.
3. The state associations then have 30 days to register their respective constitutions and provide a compliance report to the CoA.
4. The CoA will conduct elections at state level, and the newly elected bodies will send their nominees to the BCCI. The new BCCI will adopt the new constitution and then elect their representatives.

• What does the new structure mean? In the BCCI, paid employees executed the decisions adopted by elected members. Even now, part-time office-bearers were performing executive roles. A professional makeover is what Justice Lodha panel was keen on bringing in. The new structure will allow employed professionals to execute the decisions made by the Apex Council, which for the first time will have well-rounded representation, including players and women cricketers.
• Transparency: With the BCCI set to come under the RTI Act based on the recommendations and with the appointment of an ombudsman, an election officer and an ethics officer, we can expect that.

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