In para 110 of its judgment in BCCI vs. Cricket Association of Bihar, C.A. 4235/2014 decided on 22.1.2015, the Supreme Court gave power to a 3 member commission appointed by it consisting of retired judges headed by Justice Lodha, former CJI, to impose punishments on IPL cricket teams and persons associated with IPL. Accordingly, the Commission, after an enquiry, imposed punishments.
The power to impose punishment is with the court. Can the court outsource this judicial power to another body, e.g. a commission appointed by it ? If this is legally permissible, then why can not every judicial function be outsourced ? I have grave doubts whether such outsourcing is valid.
This is a crucial jurisprudential question which needs to be considered.
