Photo Credit: Facebook Profile Photo of Devajit Lon Saikia
The Assam Congress on Thursday wrote to Chief Justice Sanjiv Khanna, alleging that the state’s Advocate General, Devajit Lon Saikia, violated constitutional norms by accepting the role of acting secretary of the Board of Control for Cricket in India (BCCI), calling it a serious breach of privilege.
Devajit Saikia, who has served as Assam’s advocate general since May 2021, was appointed acting secretary of the BCCI on December 7, 2023, after being a joint secretary since October 2022. Additionally, he was named a director of the International Cricket Council (ICC), where he will serve on committees for finance, commercial affairs, human resources, and remuneration.
In the letter, Assam’s Leader of Opposition, Debabrata Saikia, argued that Devajit Saikia’s new roles granted him secretarial powers within India’s apex cricket authority, despite his ongoing responsibilities as the state’s advocate general.
The Congress highlighted that the advocate general, as a constitutional officer, participates in Legislative Assembly proceedings, including committee meetings, making him a de facto Assembly member without voting rights. The Opposition alleged that Devajit Saikia breached House privileges by accepting roles with pecuniary benefits from the ICC, an international organization, and the BCCI, a non-governmental entity, violating the principles of “Office of Profit.”
Citing Rule 48 of the Bar Council of India Rules under the 1961 Advocates Act, the Congress emphasized that an advocate may serve as a company director or chairperson without executive responsibilities but is explicitly prohibited from holding roles such as managing director or secretary.
The Congress alleged that Devajit Saikia violated this rule by undertaking secretarial duties at the BCCI, a registered society under the Tamil Nadu Societies Registration Act, 1975. The party referenced a 2015 Supreme Court judgment that categorized such roles as “executive in nature.”
The Opposition also questioned Saikia’s ICC appointment, claiming it contravened the ICC’s Articles and Memorandum of Association, which restrict positions of employment with member states.
The Congress recalled that Saikia had resigned as Assam’s senior additional advocate general in December 2018 to meet the eligibility criteria for contesting the Assam Cricket Association secretary post, as the rules at the time barred individuals holding public office from such roles.
In response, Devajit Saikia dismissed the allegations, asserting that the Leader of Opposition was either misinformed or misled regarding the laws governing the office of profit.
“If you look at the constitution of the ICC and BCCI, it is clear that these are all honorary positions, not offices of profit,” Saikia told The Indian Express. “Secondly, the post of AG is not subject to disqualification on grounds of Office of Profit in any case.”
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Name of Author: Cricexec Staff
