ThE long-debated issue of Board of Control for Cricket in India’s (BCCI) autonomy is set to find some clarity after the latest poser by the Supreme Court on why the Board and all the State Cricket Associations should not be governed by the National Sports Governance Act 2025. The BCCI will have to clear its stance on the new Act which is now in force, making its September 18 Annual General Meeting all the more interesting.
The Indian Cricket Board has held a long-standing position in the courts that since it does not receive government grants it should not come under the Act. However, exactly what the BCCI’s opposition is to the National Sports Governance Act has not been explained so far. Now, with the apex court insisting on the BCCI and the State Associations to spell out the reasons behind their denial to be governed by the 2025 Act the Board stand and objections will finally be known.
The BCCI has long opposed the clauses in the Sports Act which provide for a statutory regulator and recognition authority under which national sports bodies would come. It has also refused to come under the ambit of the RTI Act. In various courts, the BCCI has submitted that even though the National Sports Governance Act 2025 has been enacted, the sport of cricket has not been notified as a designated sport for the Act to apply.
In all likelihood, the BCCI will stick to the stand as it is not governed by the Sports Ministry as a National Sports Federation. The NSFs have to mandatorily follow the new Sports Act as they are run on Government grant. In the case of cricket, the Board and all affiliated State Associations generate their own revenue without depending on Government help. This has remained the BCCI’s argument in all previous cases when efforts were made to bring it under Government control. One wonders whether the latest poser by the Supreme Court would also meet the same dead end and the query raised by Chief Justice of India Mr. Justice Surya Kant and Justices Joymalya Bagchi and V Mohana turns out to be only a superficial exercise of a judicial hearing.
In fact, being an affiliated member of the International Cricket Council (ICC), the BCCI stands to face suspension or sanctions in case of Government intervention in the Board’s administration. This fact had been presented before the apex court when it formed a committee under former CJI Mr. Justice R M Lodha to implement reform measures including framing of a Constitution.
The top court also allowed modification of the BCCI Constitution on consecutive terms and cooling-off period of office-bearers. However, the BCCI’s autonomy was never diluted.
Now, if after the latest query by the Supreme Court on getting governed by National Sports Governance Act leads to Government intervention, then the BCCI stands to lose its place in the ICC. The question now is whether a highly successful autonomous sporting body, that is continuously bringing glory to the country, should be compulsorily brought under Government control? There is no plausible reason for the BCCI to be brought under the Sports Act ambit as it functions at a totally different level. It is also a major monetary contributor by way of taxes and donations for development of other sports in India.
The point that the team it selects and sends to various international tournaments does not actually represent India as it is chosen by an autonomous organisation is also an unnecessary deviation of facts.
All the World Cup success India has enjoyed was not a private affair of the BCCI alone. It is a shared joy of the country which loves cricket and its cricketers as national sports heroes. The players are seen as India’s sporting ambassadors. Also, the BCCI has never worked against the Government line on bilateral relations. India’s refusal to shake hands with Pakistani counterparts after Operation Sindoor is a case in point. All these facts beg a question; Is it necessary for a highly successful and dutiful autonomous sporting body to force into following an Act for no logical reason? It is for the Supreme Court to decide, again!