CHENNAI: It is bad and it can get worse. Not just the National Sports Federations (NSFs) that have conducted elections after August 16, 2022 that can be in serious trouble but all federations. This can be inferred from the last three orders related to elections of NSFs passed by the Delhi High Court in February. The way things stand, months before the Olympics, majority of NSFs are in danger of getting de-recognised over sports code violation.
The first case was in connection with the Volleyball Federation of India (VFI) elections. The second was connected with the Rowing Federation of India (RFI). The last was with All India Chess Federation (AICF). The VFI election was stayed. The RFI election was allowed but with a rider as the court had asked the ballots to be submitted to the court without counting.
But the curious case was related to the AICF election. Just before the sports ministry was supposed to file sports code compliance report as directed by the court, the association that filed the petition – Devbhoomi State Chess Association (Uttaranchal) -- decided to withdraw. Senior advocate Rahul Mehra, who specialises in sports law, was pursuing the matter in Delhi High Court. He said that there have been indications that somebody brokered peace between factions and asked Devbhoomi to withdraw petition. And there was no stay on the election.
What seemed even more baffling were the nominations of candidates for the 15-member executive committee list. There is no representation from any of the chess powerhouses like Tamil Nadu, Telangana, Maharashtra, Andhra Pradesh or Delhi. There are five from Northeast states – Arunachal, Assam, Tripura, Mizroam and Manipur — known for talent in sports like boxing, football, weightlifting, hockey, wushu, contact sports, cycling, etc.
The AICF base is in Chennai and it hosted the Chess Olympiad in 2022.
The three National Sports Federations (NSFs) may be in focus but it’s the court orders that are giving all NSFs sleepless nights. Going by various Delhi HC orders in the last three years (since All India Football Federation and Indian Olympic Association cases), almost all NSFs’ recognition and existence seems to be threatened, especially those that had approached the court during election. Even the sports ministry is caught in the mess.
This is what one order says: “Whether or not the constitution of the respondent no.1 is in compliance with the National Sports Federation of India and the judgment dated 16.08.2022 in W.P. (C)195/2010 particularly keeping in mind the prescription in the constitution of the respondent no.1 regarding the strength of the Executive Council (EC) and the number of office bearers (Article – 7(o), 13 and 16).” — Devbhoomi chess case order by Delhi HC judge Sachin Datta.
Another case: “Learned senior counsel for the RFI, on instructions, from Mr. Raj Laxmi Deo, President, RFI and Mr. N.V Sriram, Secretary, RFI assures and undertakes to this Court that the RFI shall carry out amendments to ensure full compliance with the Sports Code as interpreted by this Court vide judgment dated 16th August, 2022 in W.P.(C) No. 195/2010 within twelve weeks.” (Delhi HC while hearing RFI case -- Acting Chief Justice Manmohan and Manmeet Pritam Singh Arora)
What seems even more interesting is that the sports ministry’s National Sports Development Code of India 2011 (NSDCI) is not the only guideline that the NSFs have to adhere to now. In fact, according to Mehra, NSFs have to follow the 2011 NSDCI as was interpreted by the high court order of India W.P(C) 195/2010 [Rahul Mehra v. Union of India) dated 16.08.2022.
One senior sports administrator said this will spell doom to not just one or two NSFs but almost all. The tricky part is bringing in line the state and district units. For NSFs, it is easy to follow the sports code as interpreted by the Delhi HC order of 16.08.2022 but for state and district units, it’s a colossal challenge. One must also keep in mind that sports is a state subject and every state may have its own guidelines. Most NSFs adhere to age and tenure guidelines and even have athletes in their mix. Athletes' Commission too have been set up.
Mehra said that other than the AIFF and the IOA who have challenged the 16.08.2022 order in SC, all other NSFs have to follow the division bench judgement. "Since no one has challenged this in court, the judgement has attained finality and all NSFs are bound by this," he told this daily.
The NSFs (most of them) are already not getting funds from the government directly. Things will get worse if they don't find a solution early. As one pointed out, all NSFs must come together and do something (even challenge it if needed).
16.08.2022 order and consequences
The order is connected to India W.P(C) 195/2010 (Rahul Mehra v. Union of India) of 16.08.2022 and it was passed by division bench comprising of Delhi HC judges Najmi Waziri and Manmohan. Most NSFs have majority of the 13 provisions listed out in the 16.08.2022 order including age and tenure. If there was ambiguity whether the provisions of the sports code would be applied to the state and district level units it was cleared by another judgment on September 1, 2023.
“It is further made clear that in respect of all future elections, the respondent Union of India shall ensure strict compliance of the judgement delivered in W.P.(C) No. 195/2010 dated 16.08.2022,” said the order passed by Delhi HC Chief Justice Satish Chandra Sharma and Subramonium Prasad. Mehra said that after this it is clear that all elections after September 1, 2023 has to be held under sports code as interpreted by the 16.08.2022 order. "Otherwise it will be a contempt of court," he said. He also questioned why the sports ministry continues to recognise such NSFs. He claims that the sports ministry is the biggest defaulter. "It's their sports code and they should have ensured compliance." Even in the case of the withdrawing petition, he said the government would be involved.
What happens if an NSF is de-recognised
The NSF “shall not be able to select the national teams and represent India in any international event or international forum. It shall also not be allowed to use the word "India" or the National Emblems and Names in team participation; It shall lose its All-India character and may not be able to regulate and control the sports discipline concerned in the country.”
What if IF recognises
Problem arises when the international federation recognises the sports ministry derecognised NSF. Since NSFs are autonomous bodies, only they are authorized to send entries to international events. It is at the IF’s discretion to accept those entries. And for Olympics and other multi-discipline events, the selection and entries have to be conducted and sent by the NSF recognised by its IF. Or else their entries will be rejected like in the case of karate and taekwondo during 2022 Asian Games last year.
What is NSDCI 2011?
It says, “accordingly, after the notification of the 2001 National Sports Policy the Government notified revised Guidelines for Assistance to National Sports Federations (NSFs) in August 2001 and issued subsequent guidelines from time to time, which are legally binding on the National Olympic Committee (NOC), i.e., the Indian Olympic Association (IOA), and the National Sports Federations (NSFs) if they are desirous of regulating and controlling sports in India, or using the name of India or representing India within or outside India, or availing themselves of various benefits and concessions, including financial benefits such as customs duty exemption or income tax exemption that are available to NSFs, including the NOC. Although these bodies may be registered in different states under the Societies Registration Act or the Companies Act, their authority to function as the NOC or NSF will be dependent on compliance with the government guidelines.”