Delhi High Court Constitutes Fact-Finding Committee To Investigate Governance Issues In Equestrian Sports

The Delhi High Court has constituted a 5-member Fact-Finding Committee to conduct a detailed investigation into the ground level realities of Equestrian sports in India, focusing on issues including assessment of infrastructure, participation and representation of athletes, and the role of clubs in the development of the sport.The Committee would function under the chairmanship of Retired Judge of the Delhi High Court Justice Najmi Waziri. The other members include representatives from the Union Ministry of Youth Affairs and Sports, Sports Authority of India (SAI), nominee from the Indian Olympic Association (IOA) and two Equestrian sportspersons from Equestrian sports–Ms. Divyakriti Singh and Ms. Shruti Vora, who represented India at national and international championships.The objectives of the committee include:To identify and evaluate the facilities available for Equestrian sports, including their geographic distribution and accessibility. Specifically, the Committee shall determine the availability of Equestrian infrastructure in each district and State; ownership, maintenance, and accessibility of facilities provided by government bodies, SAI, EFI, State associations, or private clubs; feasibility of athletes from districts lacking infrastructure, utilizing the facilities available in adjoining districts or regions. Examine the level of athlete participation and representationAssess the effectiveness and contributions of State Associations in the development of Equestrian sports and their compliance with the Sports Code.Evaluate the contributions of clubs to the governance, infrastructure, and development of Equestrian sports and their compatibility with the representative framework of the Sports CodeThe committee has been asked to submit its findings within three months of its constitution to the Ministry."This report must specifically ascertain the number of districts with functioning clubs and analyse their potential integration into the pyramid structure envisaged by the Sports Code. The Committee should examine the feasibility of organizing clubs under District Associations, which will then form part of State Associations, ultimately culminating in their membership in EFI. The findings must include recommendations on steps required to align EFI's governance structure with the principles of the Sports Code, ensuring inclusivity, grassroots development, and equitable representation," the court said. Justice Sanjeev Narula directed the constitution of the committee while hearing a petition filed by the Rajasthan Equestrian Association concerning the functioning of the Equestrian Federation of India (EFI). The petitioner/Rajasthan Equestrian Association had challenged a Notification and Order issued by the Ministry of Youth Affairs and Sports (respondent no.1) concerning addition of a relaxation clause and granting certain exemptions to Equestrian Federation of India (EFI) on the applicability of specific provisions of the Sports Code, 2011.Adding Relaxation Clause to Sports Code Through a notification dated 1 February, 2021, the Union Ministry Of Youth Affairs and Sports added a 'Relaxation Clause' to the National Sports Development Code, 2011 ('Sports Code'). Under the relaxation clause, Ministry has the power to relax operation of the provisions of the Sports Code wherever it is considered necessary in order to promote any sports or a sportperson or to remove difficulties in giving true effect to the spirit of Sports Code.The High Court noted that the clause was a policy decision aimed at addressing practical difficulties in the implementation of the Sports Code.It observed that the Relaxation Clause serves as a mechanism to address unforeseen difficulties and only grants discretion to Ministry in limited and exceptional cases. It noted that the clause has safeguards against misuse, including requiring that exemptions be consistent with the overarching principles of the Sports Code and that the reasons for granting exemption be recorded in writing.It further noted that the Minister-in-Charge is guided by the aid and advice of the Ministry and its officers, thus ensuring that the power to relax is exercised judiciously and not arbitrarily.The Court thus held that the Relaxation Clause itself was not arbitrary or unreasonable.Granting Exemption to Equestrian Federation of IndiaBy an order dated November 9, 2021 the Ministry while exercising its powers under the Relaxation Clause, granted Equestrian Federation of India (EFI) (respondent no. 2) certain exemptions from applicability of certain provisions of the Sports Code. The relaxations include provisions relating to federations' requirement have affiliated units in at least two-thirds of the total States/Union Territories of India, membership and voting rights in National Sports Federation (NSFs) must be restricted to State or Union Territory associations, and formulation of the Electoral College for elections to the various office bearing posts...

Delhi High Court Constitutes Fact-Finding Committee To Investigate Governance Issues In Equestrian Sports

Sanjana Dadmi

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