Lodha Committee Report : Final Report 1 & 2

The Supreme Court appointed Committee comprising of Justice R.M.Lodha, former Chief Justice of India, Justice Ashok Bhan, former Judge of the Supreme Court and Justice R.V.Raveendran, former Judge of the Supreme Court was mandated inter alia to examine and make suitable recommendations to the BCCI for reforms in its practices and procedures and necessary amendments in the Memorandum of Association and Rules & Regulations on the matters set out in Paragraph 109 of the judgment dated 22nd January 2015.[1] The Committee appointed Mr.Gopal Sankaranarayanan, Advocate of the Supreme Court to act as its Secretary.

[1]         “109. The proposed Committee can also, in our opinion, be requested to examine and make suitable recommendations on the following aspects:

(i) Amendments considered necessary to the memorandum of association of the BCCI and the prevalent rules and regulations for streamlining the conduct of elections to different posts/officers in the BCCI including conditions of eligibility and disqualifications, if any, for candidates wanting to contest the election for such posts including the office of the President of the BCCI.

(ii) Amendments to the memorandum of association, and rules and regulation considered necessary to provide a mechanism for resolving conflict of interest should such a conflict arise despite Rule 6.2.4 prohibiting creation or holding of any commercial interest by the administrators, with particular reference to persons, who by virtue of their proficiency in the game of Cricket, were to necessarily play some role as Coaches, Managers, Commentators etc.

(iii) Amendment, if any, to the Memorandum of Association and the Rules and Regulations of BCCI to carry out the recommendations of the Probe Committee headed by Justice Mudgal, subject to such recommendations being found acceptable by the newly appointed Committee.

(iv) Any other recommendation with or without suitable amendment of the relevant Rules and Regulations, which the Committee may consider necessary to make with a view to preventing sporting frauds, conflict of interests, streamlining the working of BCCI to make it more responsive to the expectations of the public at large and to bring transparency in practices and procedures followed by BCCI.”

The task assigned to the Committee is clear: recommend those changes in the Rules and Regulations of BCCI that will further the interest of the public at large in the sport of cricket, improve the ethical standards and discipline in the game, streamline and create efficiency in the management of the BCCI, provide accessibility and transparency, prevent conflicts of interest situations and eradicate political and commercial interference and abuse and create mechanisms for resolution of disputes and grievances. As the Supreme Court has reiterated that the BCCI is carrying out public functions – functions that govern the interests of the public – the necessary corollary is that BCCI is subject to the rigours of public law. This would mandate that it acts in line with the general principles of reasonableness and fairness, and also that it adheres to the basic principles of accountability and transparency.

In carrying out the assigned task, the Committee took the following steps:

(a)  Prepared and circulated a detailed Questionnaire (Appendix-1) to various key stakeholders, aficionados and patrons of the game. This was prepared after a detailed perusal of the Supreme Court’s judgment, the existing Rules and Regulations of the BCCI and various media articles and news reports which indicated to the Committee the flaws and loopholes in the administration of the nation’s foremost sport. The Questionnaire contained 135 questions grouped under 8 distinct heads of concern areas for cricket administration:

  1. Organization, structure and relationship
  2. Source and extent of jurisdiction
  3. Offices, committees and elections
  4. Commercial engagements, contracts and services
  5. Audit, accounts and finances
  6. Player welfare and dispute resolution
  7. Conflict of interest
  8. Oversight and transparency

(b)    Conducted over 35 days of sittings in Mumbai, Bangalore, Chennai, Kolkata, Hyderabad and New Delhi. These allowed the Committee to get varied perspectives from 6 primary Test Centres as well as to afford ease of access to the respective representatives from the various Zones. The Committee also interacted with 74 persons around India including Former Captains, International and First Class Players, Coaches, Managers, Administrators, Journalists, Talent scouts, Authors, Lawyers, Club Owners, Selectors and a Former Chief Justice of a High Court. A List of these persons is at Appendix-2 to this Report. A summary of the relevant suggestions made by persons who responded to the Questionnaire and those who interacted with the Committee is given in Appendix-3 to this report.

(c)   Extensively researched media reports, documentaries, published material, draft legislation, books and articles, apart from several unsolicited (but always welcome) missives from cricket fans, local experts and administrators about how maladministration is rife in all parts of the country. A select list of these materials is at Appendix-4 to this Report. Complaints of defalcation and siphoning of funds, opaqueness in administration, blatant favouritism and political interference unfortunately seem to exist in almost all State associations, varying only in degree from place to place.

(d)  Commissioned a comparative analysis of international sports bodies (both cricket and otherwise) and how they are structured, their constitution, electoral process and overall management and how measures exist to check conflict of interest and manage ethics. This comparative report secured by the Committee from The Sports Law & Policy Centre is at Appendix-5 to this Report.

ATTACHMENTS:

cover-volume-2

cover-volume-one

final-report-volume-1

final-report-volume-2

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s