The Bombay High Court has questioned why young cricketers holding Overseas Citizen of India (OCI) cards are seeking access to Indian domestic cricket without obtaining Indian citizenship, as a legal challenge to the Board of Control for Cricket in India’s (BCCI) player eligibility rules continues.
According to a report by Sportstar, 12 young cricketers have challenged the BCCI‘s requirement that participants in its domestic competitions hold valid Indian passports. The petitioners argue that the restriction prevents them from pursuing cricketing opportunities despite living, studying and training in India.
The proceedings have brought renewed attention to the distinction between residency rights and citizenship in Indian cricket, particularly for players of Indian origin who hold foreign passports.
Bombay High Court questions OCI players over citizenship
A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard the challenge, which includes a petition filed by OCI cardholder Kavin Kartik.
During the proceedings, Chief Justice Tripathi said: “Why don’t you take a citizenship of India? If you are so much desperate to represent India, why don’t you become Indian citizen?”
The bench also referred to the substantial number of cricketers competing for opportunities within India’s domestic system.
However, the court clarified that it was not directing the petitioners to surrender their existing nationality or acquire Indian citizenship.
The observations were made during an ongoing hearing and do not constitute a final ruling on the validity of the BCCI’s eligibility policy.
BCCI’s Indian passport rule faces legal challenge
The dispute centres on a BCCI policy introduced in December 2023 that requires cricketers to possess Indian passports to participate in domestic competitions organised under the board’s authority.
The restriction affects OCI cardholders who previously had opportunities to compete in the Indian domestic structure.
OCI status allows eligible foreign nationals of Indian origin to reside in India under a special legal framework, but it does not confer Indian citizenship.
The policy therefore creates an eligibility barrier for young players who may have spent much of their lives developing their cricketing skills in India while retaining foreign nationality.
The challenge raises questions about access to organised domestic competition and the extent to which nationality requirements can apply to players who have established long-term ties to the country.
Petitioners argue domestic cricket is vital to player development
Advocate Kunal Cheema, assisted by advocate Datta Mane, represented the petitioners and argued that the young cricketers were seeking permission to participate in domestic tournaments rather than immediate selection for the Indian national team.
Their case emphasises the importance of competitive opportunities for players who have grown up within India’s education and cricket development systems.
The petitioners also highlighted the relationship between domestic performances and future professional opportunities, including potential participation in the Indian Premier League (IPL).
Playing in recognised domestic competitions allows cricketers to establish performance records and gain exposure that can support their progression towards higher levels of the sport.
Cheema further argued that participation in sport contributes to children’s education and overall development.
He indicated that international conventions concerning children’s rights would be placed before the court in support of the argument that young athletes should not be pressured to change their citizenship.
The petitioners maintain that the passport requirement has affected their ability to pursue opportunities that were previously available to OCI cardholders.
BCCI defends restrictions on domestic cricket participation
Senior Advocate Dr Birendra Saraf, representing the BCCI, defended the board’s position by referring to the legal restrictions governing the eligibility of OCI cardholders to represent India internationally.
He argued that the relevant citizenship framework does not permit OCI cardholders to play for the Indian national team.
Saraf also pointed to the BCCI’s investment in identifying, training and developing players through its domestic cricket structure.
The board’s position reflects the role of domestic tournaments in developing cricketers who may eventually become eligible for national selection.
Saraf further disputed the petitioners’ argument that participation in cricket could be claimed as a source of livelihood.
The proceedings have consequently highlighted the different considerations surrounding access to domestic competitions, professional cricket opportunities and eligibility to represent India.
Court seeks citizenship updates ahead of November hearing
The Bombay High Court has asked the petitioners, the BCCI and the Central Government to provide information about the status of Indian citizenship applications submitted by the affected OCI cricketers.
The Centre has yet to file its affidavit in the proceedings.
The matter is scheduled to return to court on November 25, when the parties are expected to address the outstanding issues surrounding citizenship and player eligibility.
Until the court reaches a decision, the legal challenge leaves unresolved the position of OCI cardholders seeking to compete in BCCI domestic tournaments.
The eventual outcome could have implications for how Indian cricket balances citizenship-based eligibility requirements with the development opportunities available to young players of Indian origin holding foreign passports.
