Lodha Reforms are illegal and unconstitutional: Justice Markandey Katju

Markandey Katju has been appointed by the BCCI to advice on Supreme Court verdict on implementation of Justice Lodha committee recommendations.

By: PTI | New Delhi | Updated: August 7, 2016 5:57 pm
Markandey Katju, Markandey Katju judge, Lodha Panel, Lodha recommendations, BCCI, BCCI news, sports news, sports, cricket news, Cricket Justice Markandey Katju however did agree that “reforms are needed in the BCCI” but he also had a counter argument. (Source: PTI)

The Supreme Court verdict on BCCI reforms on Sunday came under a sharp attack from former apex court judge Markandey Katju, who termed the reforms as “unconstitutional and illegal.”

Katju, who has been appointed by the BCCI to advice on SC verdict on implementation of Justice Lodha committee recommendations, also advised the Board to file a review petition before a larger bench of the apex court and not to meet the Committee as scheduled on August 9 terming the panel as “null and void”.

“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. There is broad separation of functions. It’s the legislature’s prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent,” Katju said at a media conference.

“I have advised them (BCCI) to file a review petition before a larger bench. In this case, the Supreme Court outsourced a committee (referring to Lodha Committee) to decide on BCCI’s punishment,” he said.

BCCI secretary Ajay Shirke however said that the BCCI will study the interim report prepared by Justice Katju and then take a call.

“The Supreme Court had appointed the Lodha Committee to find the defects in working of BCCI. That was okay. When the Lodha Committee Report was submitted to the Supreme Court, it should have been forwarded to Parliament and State Legislatures. It then should have been left to legislature to accept or not to accept the recommendations. Judiciary is not supposed to legislate,” Katju said, elaborating his viewpoint.

READ: Markandey Katju completes first interim report on Lodha panel reforms

He gave examples of cases where a larger bench with four or five judges have handled serious issues.

Justice Katju’s take is that since BCCI’s constitution has been prepared as per Tamil Nadu Societies Registration Act, both SC and Lodha Committee can’t forcibly change the BCCI by-laws.

“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. 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.”

Justice Katju however did agree that “reforms are needed in the BCCI” but he also had a counter argument.

READ: BCCI appoints Markandey Katju to interact with Lodha panel

“If we speak about reforms in BCCI, then reforms are needed in judiciary also. There are more than 3 crore cases pending in Indian courts. And if this dangerous trend starts, tomorrow, the Supreme Court might dictate editorial policies of press, tenure of journalists. It will then open a Pandora’s Box.”

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  1. K
    Kanja.Karuppu
    Aug 7, 2016 at 1:58 pm
    Now you know why Brahmin Criminals Corruption of India(BCCI) appointed cranky Brahmin pandit Markandeya Katju(Thief Justice of India(re-tarded)) as their CHORman.
    Reply
    1. R
      Re.tarded.pandits.of.Kashmere
      Aug 7, 2016 at 2:01 pm
      Guys, now you understand why Pandits were kicked out of Kashmere.
      Reply
      1. M
        Maniktripathy
        Aug 7, 2016 at 1:51 pm
        This is the reason why Indian Judiciary is in shambles and legal loops allows lawyers and ex-judges to manite the system..
        Reply
        1. S
          Sanjay
          Aug 7, 2016 at 4:50 pm
          💥!!रोजगार सूचना!!💥lt;br/gt;lt;br/gt;✅भारत में पहली बार घर बैठे कमाये 15,000 - 50,000 हर महीने बिना किसी खर्च केlt;br/gt;✅मोदी जी द्वारा चलाए गए डिजिटल इन्डिया से जुड़े और कमाए हर महीने 15,000 - 50,000 रुपएlt;br/gt;✅दुनिया का पहला बिजनेस जिसे आप फेसबुक और व्हत्सप्प के द्वारा कर सकते हैंlt;br/gt;✅टोटली फ्री ज्वानिंग हैlt;br/gt;✅कमाया हुआ पैसा सीधा बैंक मे ट्रान्स्फरlt;br/gt;lt;br/gt;बिजनेस की शुरुवात कैसे करेlt;br/gt;✅C.h'a.m'p`C.a's.h को प्ले स्टोर से इन्स्टल करे, और साइन अप करे, $1 डॉलर बोनस स्पौन्सर ID: 5 6 2 5 2`9lt;br/gt;✅चैलेंज को पूरा करेlt;br/gt;✅और इंकम करनी शुरू करेlt;br/gt;➡जरूरी ⬅lt;br/gt;C.h'a.m'p`C.a's.h स्पौन्सर ID: 5 6 2 5 2`9lt;br/gt;lt;br/gt;lt;br/gt;lt;br/gt;lt;br/gt;lt;br/gt;lt;br/gt;.lt;br/gt;.hgdf
          Reply
          1. A
            A.K.Rakshit
            Aug 7, 2016 at 12:54 pm
            I am not a lawyer but I wonder whether SC can force change in a private body`s consution. It does not seem to be proper.
            Reply
            1. J
              Jai
              Aug 7, 2016 at 1:34 pm
              Indeed SC is over stepping.If there is a law act . No robinhood please
              Reply
              1. J
                Jai
                Aug 7, 2016 at 2:23 pm
                Judicial Terrorism
                Reply
                1. A
                  Arun
                  Aug 7, 2016 at 4:33 pm
                  Katju, who has been appointed by the BCCI to advice on SC verdict on implementation of Justice Lodha committee recommendations is bound to say like this after all he is now free to give any advice not as being Sitting judge but like an Advocate to his client.It is not first time he said against Judiciary.He is getting enough fee from BCCI as such he has to take side of it.
                  Reply
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