The Supreme Court said on Tuesday the Indian cricket board's constitution is unworthy of providing transparency, objectivity and accountability, and added the values can only be attained by making wholesale changes in it.
"The inherent constitution of BCCI is such that it is highly incapable of achieving the values of transparency, objectivity and accountability that without changing its structure it can't be done so, " a bench comprising Chief Justice T. S. Thakur and Justice F. M. I. Kalifulla said.
The remarks came after senior advocate Gopal Subramanium, who was appointed as amicus curiae by the court for assistance on the issue, said the Board of Control for Cricket in India (BCCI) constitution could be deemed illegal if it doesn't allow those values to be achieved since the governing body is discharging a public function.
"You discharge public function but you want to enjoy private status.
If you have public persona, then you have to shed private persona.
This cannot be done.
It selects national team for the country, it cannot be a private society.
It is a public entity, " Subramanium said.
Subramanium added had the BCCI adhered to the constitutional values, the need for Justice R. M. Lodha's justified recommendations for wholesale structural reforms to be implemented would never have been aroused.
"Recommendations are in right directions and the steps are in right direction to ensure that constitutional values are adhered to ensure institutional integrity, " he said.
Subramanium also said members of IPL franchise should be included in its governing council for greater transparency.
He added he supports the recommendation of legalising betting in the country.
The BCCI - appointed senior advocate K. K. Venugopal said for legalising betting, a law needs to be passed.
But the board does not agree with this, as every state has its own law relating to betting and gambling.