The BCCI has sent a list of observations, of objections as well as suggestions, to the ICC regarding the new constitution that will be up for vote at the next round of meetings in April.
While the major focus of the BCCI's response was the ICC's proposed new financial model, the board also sent its thoughts on a number of governance issues, including membership, the role of the ICC chairman and the composition of the ICC Board.
The new constitution was passed in principle at the board meetings in February but each proposal is likely to be put to vote separately in April.
Here is a summary of the main points the BCCI makes:
The Membership Committee deals with the admission of new members as well as the monitoring of existing members. The BCCI wants changes to be made to revise the power and responsibility of the committee.
- The ICC Board must have final say on membership issues with power to re-examine all aspects of any recommendation of the Membership Committee.
- The Membership Committee should be an independent external agency that is not part of the ICC. If not, then members that sit on the committee should not be ICC directors.
- One member from each continent should be part of the committee. "This is because admission of a new member and/or re-classification of an existing member will impact all members and views of at least one member from each continent needs to be taken into account before assessing the comprehensive impact of the same," the BCCI said.
- If any member was to fall foul of any terms and conditions, then it should get at least 90 days to carry out remedial action before the committee examines the respective board.
- If a member country is in serious breach of its obligations then unless there is "prima facie view" or "sufficient evidence" the ICC Board should not suspend or terminate its membership.
- The Dispute Resolution Committee, which deals with appeals on membership issues, must be independent of the ICC. No member of this committee should be an ICC director or part of any other committee.
- To avoid any impact on the FTP, any new admission or re-classification of an existing Full Member should only be done at the end of every revenue cycle.
- To retain Full Member status, a country should have played a minimum number of Test matches.
Since June 2016, the ICC has been headed by an independent chairman, who holds no other position with any member board, and who retains the post for two years. The BCCI wants to reassess the powers of the chairman as well the election process.
- The chairman should not be elected through a secret ballot. A transparent procedure must be laid out in the ICC's Articles of Association.
- If a chairman fails to finish his tenure, the new entrant should be appointed only for the remainder of the term and not for a fresh two-year period.
- The chairman, acting or full-time, cannot have a vote at ICC Board meetings because the post is an independent authority and the ICC is a members' organisation.
- The CEO should report to the ICC Board and not the Chairman. The CEO and ICC management should be appraised by an independent external agency considering the senior staff is paid "substantial bonuses" based on their performance.
- The chairman cannot have binding powers. Only the CEO, under the ICC Board's instructions, should hold such a power.
- The chairman cannot call a special meeting or choose a venue for the same. Only the ICC Board has the authority.
ICC Board of Directors
There are currently 14 Directors that comprise the ICC Board, the committee that effectively runs the game. Ten of these directors are the Full Members while the remaining are representatives of the Associates. In the new proposals, a 15-person board is envisaged with an independent female director. Unlike now, everyone is allowed a vote in the new proposed constitution. The BCCI wants to change the composition of the board and alter the voting process going forward.
- There should be only one director, not three, representing the Associates on the ICC Board.
- The Independent director should be a non-voting member.
- A current or former player should have a seat on the ICC Board, but also with no vote.
- A secret ballot cannot be triggered by two or more voting members on the ICC Board, which the present ICC constitution permits.
- The rule about having a two-third vote to pass a resolution can only apply if all the voting members are present
- ICC committees should be independent and not comprise any of the Board directors. "This will obviate potential situations where the same person is part of the MC which makes a recommendation, sits on the Board of Directors which reviews the recommendation to take a final decision, and is also part of the Dispute Resolution Committee which will decide any appeal on membership issues against a decision of the MC or Board of Directors."