Supreme Court Reconstitutes Committee of Administrators for All India Football Federation: All India Football Federation vs. Rahul Mehra & Ors (2022) INSC 507 (18 May 2022)

Date of the Judgment: 18 May 2022
Citation: (2022) INSC 507
Judges: Dr Dhananjaya Y Chandrachud, Surya Kant, Pamidighantam Sri Narasimha, JJ.

Can a court intervene to ensure the proper governance of a national sports federation? The Supreme Court of India recently addressed this question while dealing with the All India Football Federation (AIFF). The Court has reconstituted the Committee of Administrators (CoA) to oversee the AIFF’s affairs, prepare its constitution, and conduct elections. This decision aims to bring the AIFF’s governance in line with the National Sports Code and Model Guidelines. The bench comprised Justices Dr. Dhananjaya Y Chandrachud, Surya Kant, and Pamidighantam Sri Narasimha.

Case Background

The All India Football Federation (AIFF) has been embroiled in a legal battle concerning its governance and adherence to the National Sports Code. The High Court of Delhi had previously set aside the elections of the Executive Committee held on 21 December 2016. The Supreme Court, through an interim order dated 10 November 2017, had constituted a Committee of Administrators (CoA) to formulate the AIFF’s Constitution in line with the National Sports Code and Model Guidelines, and to ensure the constitution of the Executive Committee and holding of elections. The CoA was tasked with preparing the AIFF’s constitution and conducting elections. However, the process was delayed, and the elected body’s tenure expired on 20 December 2020. Despite the expiry of its term, the Executive Committee continued to govern the affairs of the Federation due to the stay on the High Court’s judgment. This led to the Supreme Court’s intervention to ensure the proper governance of the AIFF.

Timeline

Course of Proceedings

The High Court of Delhi had set aside the elections of the AIFF’s Executive Committee held on 21 December 2016. The Supreme Court, in response, stayed the High Court’s judgment on 10 November 2017, and appointed a two-member Committee of Administrators (CoA) to oversee the AIFF’s affairs. The CoA was tasked with formulating the AIFF’s constitution in line with the National Sports Code and Model Guidelines and conducting elections. However, the elected body’s tenure expired on 20 December 2020, and the Executive Committee continued to govern due to the stay order. This led to the Supreme Court’s decision to reconstitute the CoA to expedite the process of finalizing the constitution and holding elections.

Legal Framework

The judgment refers to the National Sports Code and Model Guidelines, which are the primary legal frameworks guiding the governance of sports federations in India. The National Sports Code aims to ensure transparency, accountability, and good governance in sports bodies. The Model Guidelines provide a framework for the constitution and functioning of these bodies. The Supreme Court’s intervention was to ensure that the AIFF’s constitution and governance structure are in line with these frameworks.

Arguments

The arguments presented before the court were primarily procedural, focusing on the need to finalize the AIFF’s constitution and conduct elections. The CoA, through its counsel, sought permission to submit its report and place the proposed constitution before the court. The court allowed this request and directed that the proposed constitution be circulated to all parties for objections and suggestions. The court also noted that the existing Executive Committee’s term had expired, and the continued governance by the same body was not in the interest of the Federation. The court’s concern was to ensure that the AIFF is governed by a democratically elected body, in accordance with the National Sports Code and Model Guidelines.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues in this order. However, the core issues that the Court addressed were:

1. The need to finalize the Constitution of the All India Football Federation in consonance with the National Sports Code and the Model Guidelines.
2. The need to conduct elections for the Executive Committee of the AIFF.
3. The need to ensure the proper governance of the Federation.

Treatment of the Issue by the Court

Authorities

The judgment does not cite any specific cases or legal provisions other than the National Sports Code and Model Guidelines. The court’s decision is primarily based on its inherent power to ensure the proper functioning of sports bodies and to uphold the principles of good governance.

Judgment

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily driven by the need to ensure the proper governance of the All India Football Federation (AIFF) and to bring it in line with the National Sports Code and Model Guidelines. The Court was concerned that the existing Executive Committee’s term had expired, and the continued governance by the same body was not in the interest of the Federation. The Court also emphasized the need to expedite the process of finalizing the AIFF’s constitution and conducting elections to ensure a democratically elected body governs the Federation.

The Court’s reasoning was primarily based on the need to ensure the proper governance of the AIFF and to uphold the principles of transparency and accountability. The Court noted that “the normal tenure of the elected body would, in any event, have come to an end on 20 December 2020” and that “the consequence of the order of stay is that despite the expiry of its four year term, the Executive Committee has continued to govern the affairs of the Federation.” The Court also stated that “This state of affairs is not in the interest of the proper governance of the Federation.” The Court’s decision to reconstitute the CoA was aimed at expediting the process of finalizing the constitution and conducting elections, ensuring that the AIFF is governed by a democratically elected body in accordance with the National Sports Code and Model Guidelines.

Key Takeaways

• The Supreme Court has reconstituted the Committee of Administrators (CoA) for the All India Football Federation (AIFF).
• The reconstituted CoA will consist of Mr Justice Anil R Dave, Dr S Y Qureshi, and Mr Bhaskar Ganguly.
• The CoA is tasked with finalizing the AIFF’s constitution, preparing the electoral roll, and conducting elections.
• The Court emphasized the need for the AIFF’s constitution to be in line with the National Sports Code and Model Guidelines.
• The decision aims to ensure the proper governance of the AIFF and to expedite the process of holding elections for a democratically elected body.

Directions

The Supreme Court has issued the following directions:

• The proposed Constitution of the AIFF shall be circulated to all parties.
• Any objections or suggestions to the Constitution shall be filed before the Court by 30 June 2022.
• The CoA shall submit a tabulated statement of objections/suggestions by 15 July 2022.
• The reconstituted CoA shall take charge of the affairs of the AIFF and carry out the functions as mentioned in the order.

Development of Law

This judgment reinforces the Supreme Court’s commitment to ensuring good governance in sports federations. It highlights the importance of adhering to the National Sports Code and Model Guidelines. The ratio decidendi of this case is that the courts can intervene to ensure that sports federations adhere to the principles of good governance, transparency, and accountability, and that the elected bodies should be in accordance with the National Sports Code and Model Guidelines.

Conclusion

The Supreme Court’s decision to reconstitute the Committee of Administrators for the All India Football Federation is a significant step towards ensuring the proper governance of the sport in India. By directing the finalization of the AIFF’s constitution and the conduct of elections, the Court aims to bring the federation in line with the National Sports Code and Model Guidelines, promoting transparency and accountability. This intervention underscores the judiciary’s role in ensuring that sports bodies function democratically and in the best interests of the sport.