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of <h1>Landmark Reforms in BCCI for Transparency and Governance</h1> <h3>Board Of Control For Cricket Versus Cricket Association Of Bihar & Ors.</h3> Board Of Control For Cricket Versus Cricket Association Of Bihar & Ors. - 2016 (8) SCC 535, 2016 (6) JT 573, 2016 (7) SCALE 143 Issues Involved:1. Change in the Structure and Constitution of BCCI.2. Amendments to the Memorandum of Association and Rules and Regulations.3. Conflict of Interest and Ethical Conduct.4. Inclusion of a Nominee from the Comptroller and Auditor General (CAG).5. Formation and Financial Support of a Players’ Association.6. Legalization of Betting and Criminalization of Match-fixing.7. Transparency in Broadcast/Telecast of Sporting Events.8. Reconstitution of the IPL Governing Council.9. Terms, Tenures, and Disqualifications of Office Bearers.10. Implementation and Supervision of Recommendations.Detailed Analysis:1. Change in the Structure and Constitution of BCCI:The Court emphasized the need for structural changes in BCCI, acknowledging the historical context but stressing the importance of equal representation. The recommendation for 'One State One Vote' was upheld, except for the states of Maharashtra and Gujarat, where a rotational arrangement among existing associations was suggested to respect historical contributions while adhering to the principle.2. Amendments to the Memorandum of Association and Rules and Regulations:The Court accepted the Committee's recommendations for amendments to streamline elections, resolve conflicts of interest, and implement the Mudgal Committee's recommendations. These changes are aimed at improving transparency, accountability, and efficiency in BCCI's operations.3. Conflict of Interest and Ethical Conduct:The Court supported the recommendations for stringent conflict of interest rules and the establishment of an Ethics Officer. This includes prohibiting office bearers from holding positions in other sports bodies and ensuring that no individual can hold office for more than nine years cumulatively, with a cooling-off period between terms.4. Inclusion of a Nominee from the Comptroller and Auditor General (CAG):The Court found no merit in BCCI's objections regarding the inclusion of a CAG nominee, emphasizing that transparency and financial oversight are crucial. The inclusion of the CAG nominee was seen as a step towards ensuring accountability and preventing mismanagement.5. Formation and Financial Support of a Players’ Association:The Court upheld the recommendation for forming a Players' Association and providing it with financial support from BCCI. This association is to ensure that players have a significant voice in the administration and development of the game.6. Legalization of Betting and Criminalization of Match-fixing:The Court acknowledged the Committee's recommendation to legalize betting with safeguards and to criminalize match-fixing. However, it left this matter for the legislature to consider, suggesting that the Law Commission of India examine the issue.7. Transparency in Broadcast/Telecast of Sporting Events:The Court recognized the need for uninterrupted broadcast of matches and suggested that BCCI consider the Committee's recommendation to limit advertisements to breaks. However, it left the final decision to BCCI, considering existing contracts and financial implications.8. Reconstitution of the IPL Governing Council:The Court agreed with the need for reconstituting the IPL Governing Council to include representatives from franchisees and players. However, it asked the Committee to re-examine the potential conflict of interest issues and finalize the recommendations accordingly.9. Terms, Tenures, and Disqualifications of Office Bearers:The Court supported the recommendations for limiting the terms and tenures of office bearers, introducing a cooling-off period, and setting disqualifications for holding office. These measures are aimed at preventing the concentration of power and ensuring fresh perspectives in administration.10. Implementation and Supervision of Recommendations:The Court entrusted the Committee with the responsibility of supervising the implementation of its recommendations, drawing appropriate timelines, and ensuring compliance. The process is expected to be completed within four to six months, with the Committee free to seek further directions from the Court if needed.The judgment emphasized the need for comprehensive reforms in BCCI to restore public trust and ensure the effective management of cricket in India. The Court's decision reflects a balance between respecting historical contributions and implementing necessary changes for transparency, accountability, and efficiency.
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