'Hope This Makes Real Difference To Indian Football' : Supreme Court Finalises AIFF Constitution, Directs Adoption Within 4 Weeks

The Supreme Court on Friday (September 19) finalised the draft of the Constitution of the All India Football Federation (AIFF). It directed the Federation to convene a General Body Meeting at the earliest, preferably within four weeks, to adopt the Constitution.A bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi passed the judgment in AIFF's plea against Delhi High Court's 2017 judgment that quashed the election of AIFF office-bearers, including then President Praful Patel, following a petition by sports activist and lawyer Rahul Mehra.The Court linked the importance of sport to the constitutional ideal of fraternity -"Unlike rights that can be enforced through law, fraternity is not amenable to judicial command, must be nurtured through lived experience of unity, trust and shared endeavours. National, international, regional and even mohalla sports in India serve as a Karma Bhoomi, where coalition and collective purpose take tangible form. They bring together individual and diverse social, linguistic and cultural backgrounds under the common pursuit, embodying the constitutional value of fraternity where individual and collective aspirations find a way to coalesce."The Supreme Court has been monitoring AIFF's management and the conduct of national-level football tournaments and leagues. After examining a draft constitution for the Federation, it reserved the case for judgment.Today, the Court approved the draft, which had incorporated suggestions from various stakeholders, with certain modifications. Justice Narasimha said the Court had examined all the provisions in the draft and substantially approved almost all clauses. The Court recorded its expectation that the new Constitution would bring about institutional changes in Indian football. The Court observed, “We are of the firm hope that the constitution, once adopted, will mark a new beginning of Indian football and take the sport to greater heights.”Recognising the election of the current AIFF office-bearers to be final, the Court noted that only one year of their tenure remains and that there was no point in disrupting it. “We have said that only one year is left, so the contest is unnecessary...There is no point in cutting it in between,” Justice Narasimha said.“We believe that the Constitution of AIFF is an important structural foundation in this regard and the stakeholders of Indian sports will have an important role in ensuring that Indian football remains thrilling, competitive and value oriented and continue to make its mark in the national and international landscape”, the Court remarked.After the pronouncement, Justice Narasimha remarked, “We hope this makes a real difference in the world of football because of the institutionalisation that is going to happen...The impact of sports is not just the sport, the effect of sport on the country, and on our psyche...that's why we have dealt with why sport is so very important for fraternity, which is not otherwise enforceable in law. These are the means and ways by which the other principles of fraternity can be brought together.”Regarding amendment of the AIFF Constitution, it was suggested that no amendment should take effect without the Supreme Court's approval. Accepting this concern to ensure safeguards against arbitrary changes, the Supreme Court directed insertion of a new clause requiring its leave before any amendment takes effect. However, the Court clarified that its monitoring will end once the Constitution is finalized and implemented."However, we are of the clear view that it is not appropriate to have continuous monitoring of a sports federation by any forum, including the Supreme Court. Having taken up the matter and ensured that the Constitution is brought to this stage, it is necessary to take it to its logical end. Our monitoring will only be that far and no further", the Court stated.BackgroundThe Delhi High Court found that the elections violated the National Sports Code and appointed former Chief Election Commissioner SY Quraishi as Administrator. Quraishi was to resolve membership disputes, prepare a fresh Electoral List, conduct elections in compliance with the Sports Code, and ensure that the AIFF Constitution was amended to conform to the Code before a new round of elections.When the case came before the Supreme Court on appeal, it constituted a three-member Committee of Administrators to facilitate elections and prepare a new Constitution. The draft Constitution was circulated to stakeholders for comments, objections, and suggestions. In May 2023, the Court appointed former judge Justice L. Nageswara Rao to consider the draft and the inputs received from various stakeholders, including FIFA, the Indian Olympic Association, the Ministry of Youth Affairs and Sports, State Associations, Rahul Mehra, AIFF and Football Sports Development Limited (FSDL), which runs private football franchises. Justice Rao was asked to submit a comprehensive report after...

'Hope This Makes Real Difference To Indian Football' : Supreme Court Finalises AIFF Constitution, Directs Adoption Within 4 Weeks

Amisha Shrivastava

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