Bombay HC Hears Challenge to BCCI Bar on Foreign Passport Holders in Domestic Cricket

The Hon’ble Bombay High Court on July 17, 2026, heard a petition titled Kavin Kartik & Ors. vs. The Board of Control for Cricket in India (W.P. No. 2307 of 2026), filed by 12 young Overseas Citizen of India (OCI) cardholders challenging the BCCI’s resolution of December 18, 2023, declaring foreign passport holders, including Persons of Indian Origin (PIO) and OCI cardholders, ineligible to participate in domestic tournaments organised by the Board.

The BCCI’s resolution has been reproduced by the Hon’ble Bombay High Court in its order dated September 26, 2025, in Writ Petition (L) No. 22903 of 2024, wherein a Division Bench comprising Justices M.S. Sonak and Advait M. Sethna denied interim relief to the petitioners, holding that they had not established a prima facie case of manifest arbitrariness warranting such relief.

Challenge to BCCI’s eligibility policy

The petitioners originally filed the petition in 2024 as Writ Petition (L) No. 22903 of 2024. The petitioners contended that the decision altered the eligibility criteria under which PIO and OCI cardholders had previously been permitted to participate in domestic cricket. They argued that the sudden change was arbitrary, lacked proper application of mind, and violated Article 14 of the Constitution.

The petitioners also submitted that they had been residing in India for years and had trained and competed in the country. Thus, denying them opportunities to participate in domestic cricket amounted to discrimination and would adversely affect their extracurricular and sporting development. They further argued that requiring them to leave India to pursue their cricketing ambitions would place an additional financial burden on their Indian-national parents.

BCCI: Only Indian nationals eligible for domestic cricket

Before the High Court, the BCCI stated that OCI cardholders are not permitted to participate in domestic tournaments and clarified that only Indian nationals are considered for selection to the national team representing India.

The Board had previously submitted that OCI cardholders would face no restriction on participating in domestic tournaments if they obtained Indian citizenship. The BCCI maintained that the eligibility requirement was a collective decision of the Board.

During the July 17 hearing, the petitioners informed the Court that some of them had already applied for Indian citizenship, but their applications remained pending. They argued that the BCCI’s policy was manifestly arbitrary since OCI cardholders had previously been permitted to play in domestic tournaments.

The Bench also observed that the petitioners could return to India in the future if they wished. After being informed that some petitioners could face difficulties renouncing their foreign citizenship, the Bench observed that India was their parents’ “motherland” and suggested they could return to India.

The BCCI also submitted that the petitioners and their parents would have to take a “conscious decision” regarding citizenship.

Matter posted for further hearing on August 13

After hearing the submissions, the Court directed both sides to submit their arguments in writing, observing that the matter required detailed consideration. Accordingly, the petition has been posted for further hearing on August 13, 2026.