In a big setback for the Board of Control for Cricket in India (BCCI), its petition that sought a review of the court’s validation of the Lodha panel reforms was dismissed by the Supreme Court on Tuesday (October 18). The BCCI could now file a curative petition. Curative petition is a concept that was brought in by the apex court in 2002, where the question was whether an aggrieved party is entitled to any relief against the final judgement/order of the Supreme Court after a review petition has been dismissed.
Over the course of time since that verdict, there have been arguments back and forth about the implementations, during which BCCI filed a review petition, making startling claims such as the judgement being ‘unconstitutional’ and the three-member Supreme Court bench, headed by Chief Justice T S Thakur which accepted the reforms put forward, had a ‘prejudiced approach’ against the board.
“The judgement is unconstitutional and contrary to many binding precedents of this Court and adversely affects and nullifies the fundamental rights granted to citizens under Article 19(1)(c) of the Constitution,” the BCCI plea stated. It also added that “the judgement outsources judicial power to a committee of retired judges, which is impermissible in law.”
“The judgement is a nullity as the judges were functus officio after passing of the main judgment of January 22, 2015 and the matter could not have been revived suo motu as no provision of law empowers the same and is contrary to the doctrine of separation of powers and contrary to settled law that the judiciary cannot make laws,” the plea had elaborately stated.