SC okays Lodha panel's view on forming Players' Association

The Supreme Court today gave its stamp of approval to Justice R M Lodha panel's recommendation on forming an association of cricket players which would be run with BCCI's financial support, saying it would promote the game that brings joy and feeling of nationalism.
A bench of Chief Justice T S Thakur and Justice FMI Kalifulla said the committee's recommendation for financial support to the Players' Association cannot be rejected as the extent of such support is left to BCCI to be decided on a "fair and objective view" of its financial resources and commitments.
The bench rejected BCCI's argument against the panel's recommendation.

The bench dealt with three aspects of the recommendations which relate to formation of the association, financial support which the Board must provide to the association and the representation given to the association in the Apex Council for BCCI comprising nine members, of which five should be elected, two should be representatives of Players Association out of which one must be a woman and one should be a nominee of Comptroller and Auditor General of India. The ninth member is to elected by full members of BCCI from amongst themselves.
It noted that neither BCCI nor any other association has found fault with the panel's view for forming Players' Association.

"Formation of the Association, as noticed earlier, is not under challenge and rightly so for cricket players have a fundamental right to form an association even independent of the recommendation," it said.

The bench, however, said the aspect of giving financial assistance to Players' Association has come under criticism by BCCI and its supporting associations.
"The Committee has recommended such financial support but has stopped short of specifying the extent of such support. It would, therefore, be reasonable to presume that the extent of financial support which the association may be given is left to the discretion of BCCI.
"If that be so, we do not see any merit in the objection raised by BCCI that such support need not be given or would unduly burden BCCI," it said.

The bench said, "Financial support, to the extent
possible, having regard to the resources available with BCCI and its financial commitments in other areas relevant to the game is not therefore an unacceptable idea. The recommendation requiring financial support to the Players Association cannot therefore be rejected especially when the extent of such support is left to the BCCI to be decided on a fair and objective view of its financial resources and commitments."
Regarding the third aspect of providing representation for the association in the Apex Council of BCCI, the bench said it does not call for any interference.

"Players' Association, it is obvious, would represent a very significant and important segment of the stakeholders in the game. Those who have played the game and are, therefore, better equipped to understand its nuances, its challenges and concerns relevant to its development and promotion cannot be left out from the management," it said.
The court said the panel has recommended two positions in the Apex Council as councillors, one of whom must be a female.
"Keeping in view the numerical strength of the Apex Council, two nominees representing the Players' Association will not unfavorably tilt the power balance within the Apex Council nor bring in any undesirable or extraneous element into the management of BCCI.

"We have, therefore, no hesitation in rejecting the argument against the recommendation," the bench said.
BCCI had contended that the cricket players can form an association but that exercise need not be at its expense. It had said there was no need for providing any representation for the association in the Apex Council of BCCI as some of the cricketers in the past had held offices in state associations and in BCCI by recourse to the democratic process, without any such reservation.