After the government nominated bating maestro Sachin Tendulkar to the Rajya Sabha, former secretary general of the Lok Sabha Subhash Kashyap told Hindustan Times that sports was not a category mentioned in the constitution under which a nomination to the Upper House could be made. Kashyap added the government should clarify under which category Tendulkar’s nomination has been made.

“Sports are not mentioned in the constitution as a category under which a person can be nominated as Rajya Sabha MP. The nominations can be made under the categories art, literature, science and social service,” Kashyap told Hindustan Times. “The government should tell us under what category he has been nominated.”

Article 80 of the constitution, which says the government can nominate 12 persons to the Rajya Sabha apart from 238 elected members, reads, “The members to be nominated by the President… shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art and social service.”

The only other sportsman nominated to Rajya Sabha to date is wrestler Dara Singh who was the 100th nominee to the Rajya Sabha in 2003, but he was described as “sportsperson and artiste”.

Specifically asked whether he saw Tendulkar's nomination as unconstitutional, Kashyap said, “I am not saying this. These are matters of interpretation. Someone may argue that since cricket as a sport entertains millions in India, it is a kind of social service. That's why the government should clarify its position.”

Kashyap's intervention is the latest among a series of reactions to the nomination of Tendulkar to the House of Elders. Shiv Sena’s Uddhav Thackeray sarcastically said it was a matter between the Congress and Tendulkar. Team Anna was also not convinced. Shiv Sena Bal Thackeray was critical of the government decision while singer Lata Mangeshkar, who said her own stint in the Upper House was difficult, asked Tendulkar to be cautious.

Also read: Sach a nomination! But isn't it a no ball, Madam President?