On September 14, 2022, the Supreme Court of India accepted the BCCI’s proposal to amend the Indian Constitution. Thus clearing the way for the extension of Jay Shah and Sourav Ganguly‘s board tenure. Due to the “cooling off period” provision in the BCCI constitution, both Ganguly and Shah’s first tenure ended earlier this month.
With regard to the limitations on how long officeholders can wait before being elected, the BCCI made made some changes. Among the key reforms, the BCCI had asked the court to review are the mandatory cooling-off period for its office-bearers. With modifying the disqualification criteria for holding office, giving unprecedented powers to the board secretary. Also preventing the court from having a say if the BCCI wants to alter its constitution in the future.
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The present modification will allow Shah to hold post in BCCI for one more term
After submitting the plea in December 2019, the BCCI then appealed again in April 2020. It had urged the court to hear the case quickly. Because the judgement would be crucial for the BCCI elections, which are planned for late September. An office-bearers or administrator who has served two consecutive terms (six years) at a state association, in the BCCI, or both must undergo a three-year cooling-off period, according to the BCCI’s redrafted constitution, which took effect in 2018.
The Apex Court, in its order, has modified the provision of an office-bearer needing to go into cooling-off after one term at the state and the BCCI levels. Nowallowed two consecutive terms each at both levels. Effectively, it will allow Jay Shah, the present secretary of the BCCI to continue in the BCCI. The SC has approved changes to the BCCI constitution that call for a hiatus after a combination of two terms (of three years each) at the state and BCCI, allowing Shah to effectively serve another term as office-bearer since the secretary has already served one term at the BCCI.
BCCI is an autonomous body. We cannot micro-manage its functioning. As the constitution exists today, there is a cooling off period. If I am an office bearer of the state cricket association for one term and BCCI for another consecutive term, then I have to go for a cooling off period,”
Solicitor General Tushar Mehta said
Mehta added that both bodies are different and their rules are also different and two consecutive tenures of the office bearer are too short to develop leadership at the grassroots level.
