Katju on Lodha reforms : What the Supreme Court has done is unconstitutional and illegal

"What the Supreme Court has done is unconstitutional and illegal. There has been a violation of principles of the Constitution. Under our Constitution, we have the legislature, the executive and the judiciary. There is a broad separation of functions. It's the legislature's prerogative to make laws. If judiciary starts making laws, one is setting a dangerous precedent.

"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," Katju said in a press conference, reported PTI.

Katju went on to question the Supreme Court's right to legislate. He said, "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 the legislature to accept or not to accept the recommendations. Judiciary is not supposed to legislate."

Katju went on to stress on the fact that this decision by the Supreme Court will set a dangerous precedent, and went on to claim that like the BCCI, changes are required in the judiciary as well.

"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 the 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.

"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, the tenure of journalists. It will then open a Pandora's Box," Katju added.