Follow Draft Constitution Framed By Justice LN Rao Pending Its Finalisation: Supreme Court Tells Indian Olympic Association

A bench of Chief Justice DY Chandrachud and JB Pardiwala was hearing a special leave petition against a 2022 Delhi High Court order putting the affairs of the Indian Olympic Association in the hands of a Committee of Administrators, and other connected matters. Observing that the legal regime apropos sports administration in India had to be implemented fully and effectively, the Delhi High Court had passed this order, in accordance with the top court’s decision in All India Football Federation v. Rahul Mehra (2022).

After the bench was informed that the IOA had not yet appointed a chief executive officer, Chief Justice categorically told its counsel, “Now you have to follow Justice Rao’s draft constitution till it is finalised. You have to comply with it pending finalisation.”

Besides this, the court also directed the central government to collate the objections of the stakeholders to the draft constitution of the Indian Olympic Association framed by retired judge L Nageswara Rao, along with suggestions within a period of three weeks.

"Since the constitution for the Indian Olympic Association has been duly drafted by Mr Justice L Nageswara Rao, a former Judge of this Court, it would be necessary for this Court to put a finality on the matter. In the meantime, if any party seeks to file any objections or suggestions on the draft, this shall be done within a period of three weeks and shall be circulated between the parties", the Court noted in the order. The matter will be next considered on May 9.

These orders can be traced back to a 2010 public interest litigation (PIL) petition filed by one Rahul Mehra, an advocate and a sports enthusiast, who, inter alia, sought strict compliance by the Indian Olympic Association and other national sports federations with the comprehensive National Sports Development Code of India (NSDCI), 2011, also known as Sports Code. This culminated in an order by a Delhi High Court bench of Justices Najmi Waziri and Manmohan handing over the control of the IOA to a Committee of Administrators. The division bench had also stated that if a sports federation did not comply with the law of the land, it would receive no recognition from the government and the benefits and facilities to it would stop promptly.

In September of last year, the apex court appointed former Supreme Court judge L Nageswara Rao to take over the process of amending the Indian Olympic Association’s constitution, preparing its electoral rolls, and conducting elections to its executive body. Another bench headed by Justice Chandrachud (as he was then) pronounced:

“...Accordingly, we request Justice L Nageswara Rao, former judge of this Court to take up the assignment in the interest of ensuring a fair and development-oriented approach for the future of Olympic sports in India. The judge would be at liberty to fix his fees in consultation with the IOA. The amendments to the Constitution may be placed before this court. Simultaneously, the preparation of the electoral college and election schedule can also proceed to take place.”

Case Title

Indian Olympic Association v. Union of India & Ors. | Special Leave Petition (Civil) No. 14533 of 2022 and other connected matters

Click here to read the order