The Supreme Court verdict on BCCI reforms has come under sharp attack from former apex-court judge Markandey Katju, who termed the matter "unconstitutional and illegal".

Katju, who had been appointed by the BCCI to advice it on the Supreme Court verdict relating to the implementation of the Lodha Committee recommendations, also advised the board to file a review petition before a larger bench of the apex court, and to not meet the Lodha Committee as scheduled on August 9, terming the panel as "null and void".

"What the Supreme Court has done is unconstitutional and illegal," Katju said at a media conference. "There has been violation of principles of the [Indian] 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.

"I have advised them [the BCCI] to file a review petition before a larger bench. In this case, the Supreme Court outsourced a committee [the Lodha Committee] to decide on BCCI's punishment."

BCCI secretary Ajay Shirke said 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," Katju said. "It then should have been left to legislature to accept or not to accept the recommendations. Judiciary is not supposed to legislate."

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

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

"Both Supreme Court and Lodha Committee violated 'Tamil Nadu Societies Registrar Act'," he said. "They [the BCCI] have their own memorandum and by-laws. If you want to change the [BCCI's] constitution, a special resolution needs to be passed by two-third of majority. The society alone can amend the by-laws. There can be complaints on financial irregularities or administrative lapses, one has to write to Registrar of Societies."

Justice Katju did agree, however, that "reforms are needed in the BCCI", but he also had a counter argument. "If we speak about reforms in BCCI, then reforms are needed in judiciary also. There are more than three 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."