New Delhi: The Board of Control for Cricket in India (BCCI) is not doing any business and is discharging a public function which makes it subject to rule of law, the Supreme Court was told yesterday.
“The BCCI is not doing any business or trade but running an activity. It is subject to rule of law as it is discharging a public function. No one is above the law and BCCI is also subject matter of law,” senior advocate Gopal Subramanium, who was appointed as amicus curiae by the apex court told the bench headed by Chief Justice TS Thakur and Justice FMI Kalifulla.
The Cricket Association of Bihar (CAB) supported and justified the recommendation of Justice RM Lodha panel for large-scale
structural reforms in BCCI.
Counsel appearing for CAB said under the provisions of law, citizens have the right to form associations and unions but once the associations have been created and they start engaging in the desired activity, they can be regulated and it will not be violation of fundamental rights.
To this the bench said as long as reforms at BCCI are intended to advance the rule of law with the objective of bringing in transparency, accountability and objectivity, it cannot be said to be violative of fundamental rights of the citizens. The court was hearing arguments on a batch of petitions challenging recommendations of Justice R M Lodha panel for reforming the Indian Cricket Board.