Document Fragment View

Matching Fragments

T.S. THAKUR, CJI.

1. “Change” it is famously said is all that is constant in the world. And yet the world hates change, no matter, it is only change that has brought progress for mankind. Statesmen, Scholars and Scientists have spoken for change and eulogised its significance. For instance Charles Darwin has spoken of ‘change’ in the context of his theory of evolution and declared “It is not the strongest of the species that survive, not the most intelligent, but the one most responsive to change.” Benjamin Franklin, put it more pithily when he said “When you’re finished changing, you’re finished”. Albert Einstein spoke of change when he said “The world as we have created is a process of our thinking. It cannot be changed without changing our thinking.” The truth is that resistance to change stems partly from people getting used to status quo and partly because any change is perceived to affect their vested interest in terms of loss of ego, status, power or resources. This is true particularly when the suggested change is structural or organizational which involves some threat, real or perceived, of personal loss to those involved. No wonder, therefore, that the portents of change which the recommendations made by the Committee appointed by this Court symbolizes are encountering stiff resistance from several quarters interested in continuance of the status quo. The fact that the recommendations for change come from a body whose objectivity, fairness, sense of justice, equity and understanding of the problems that are crying for a solution are beyond any doubt or suspicion has made little or no difference to those opposing the recommendation.

8. Based on the interactions held and the responses received from various quarters, the Committee identified the problem areas in the functioning of the BCCI, and upon an in-depth appraisal of the material and the interactive sessions held by the Committee came to the definite conclusion that BCCI has been suffering from many ills that had become endemic due to the apathy and involvement of those at the helm of the Board’s administration. The Committee recorded a specific finding that the problems faced by the BCCI have been compounded by the involvement/association of many high functionaries in the Central and State Governments some of whom had remained in charge of the administration of the BCCI for several decades. It also came to the conclusion that many officials of the State Associations were holding power without any accountability and transparency by converting the Associations into personal fiefdoms. It found inequities writ large at the high table with some States over-represented in votes, tournament participation and central funding while others were made to wait endlessly in the wings for indefinite period until favoured. The Committee found that policies had been formulated and altered to suit the needs of a few powerful individuals and that coteries had been formed around them which had polarized and compromised independent leadership. The Committee regretfully found that those who had no such agendas had remained quiet, their silence emboldening further malfeasance. It found that cricket players, who are sport’s biggest drivers, had also not been spared from the apathy of the BCCI as they were treated less like assets and more like employees and subordinates of those governing the game. The Committee found that the Indian Premier League (IPL) which was a remunerative and glamourized component in India had unsavoury interference at the highest echelons of cricket and the overlapping and conflicting interests were not only condoned, but those in the management of the Board had made ex-post facto amendments to facilitate the same. Having said that the Committee did not hesitate to recognise the hardwork of BCCI staff members and match officials who had ensured that hundreds of matches are organized annually at all levels and that updates are provided to keep the BCCI fully informed. Charity matches for national causes and humanitarian assistance is another area in which BCCI has been applauded by the Committee while stating that the Committee has consciously ensured that no measures are recommended that would limit or interfere with the good work being done on behalf of the BCCI. The report submitted by the Committee further indicates that while the Committee was still in the process of hearing the concerned, the newly elected President of the BCCI had even without waiting for the Committee’s report adopted and projected the Committee’s views as his roadmap for improving the functioning of the BCCI. Some of those measures like uploading of the Constitution and Bye Laws on the BCCI website, creating a policy for avoidance of Conflict of interest and appointment of Ombudsman had also been taken. The Committee, however, found that although these steps were in the right direction, the same were neither comprehensive nor substantive. The need of the hour observed the Committee was not of making cosmetic changes but those that are fundamental for laying proper foundations on which the BCCI could function in a professional and transparent manner bringing cricket back to its pristine form and restoring the confidence of the cricketers and lovers of the game alike. The Committee said:

The report that follows is the Committee’s effort to restore Indian to its deserved status by putting in place good governance structures and best practices.”

9. In ‘Chapter One’ of its report, the Committee dealt with the Structure and Constitution of BCCI, identified the problems that arise from their current status and the need for reform in the same. For clarity and better understanding of the solutions proposed by the Committee we may gainfully extract Chapter One of the Report submitted by it.

32. The Committee has in addition recommended preparation of a database of undesirable elements (bookies, fixers, etc.,) to be shared with the players and team officials. It has also emphasized the need for verifying and ascertaining whether the person controlling the prospective franchisee has any criminal antecedents.

33. In Chapter Ten of the Report the Committee identifies several other problem areas that call for reform. These problems have been identified and elaborated under the headings ‘Membership and Privileges, Posts and Tenures, Voting, Compliance, Expenditure and Infrastructure, Lack of Professionalism, Dual Posts, Interference in Selection and Transparency. The Committee has, after an elaborate discussion under each one of the above headings, proposed solutions to the same in the following words: