Former Supreme Court judge Markandey Katju, who was appointed by the Board of Control for Cricket in India (BCCI) to advise on the Supreme Court verdict on implementation of Justice Lodha committee recommendations, on Sunday termed the recommendations as “unconstitutional”.
Katju also instructed the apex cricket board to file a review petition before a larger bench of the Supreme Court.
“What the Supreme Court has done is unconstitutional and illegal. There has been violation of principles of the Constitution. Under our Constitution, we have legislature, executive and judiciary. It’s the legislature’s prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent,” Katju told media persons here.
“I have advised them (BCCI) to file a review petition before a larger bench. In this case, the Supreme Court outsourced a committee to decide on BCCI’s punishment,” he said.
The former justice further explained that both Supreme Court and Lodha Committee can not forcibly change the BCCI by laws because BCCI’s constitution has been prepared as per Tamil Nadu Societies Registration Act.
“Both Supreme Court and Lodha Committee violated ‘Tamil Nadu Societies Registrar Act’. They have their own Memorandum and by laws. If you want to change the constitution, a special resolution needs to be passed by 2/3rd of majority,” he said.
“The society alone can amend the bylaws. There can be complaints on financial irregularities or administrative lapses, one has to write to Registrar of Societies.”