CHENNAI: If the Draft National Sports Governance Bill, 2024, is passed, Indian sports governance is expected to change, hopefully for the better. The multiple court cases that are going on against various federations due to violation of National Sports Development Code of India (2011) might also see an end if all National Sports Federations change their constitution according to the provisions of this Bill. The sports ministry has sought public opinion on the Bill on its website.
The proposed Bill envisages the formation of a Sports Regulatory Board of India to oversee the functioning of the National Olympic Committee (NOC), National Sports Federations (NSFs) and other sports bodies of the country. Apart from that, the establishment of an Appellate Sports Tribunal to try all cases that come under the provision of the proposed sports Bill is another highlight. This will stop cases from going to lower and High Courts.
On the tenure issue, however, there seems to be an ambiguity. Earlier, according to the newly-amended Indian Olympic Association constitution, there is a cap of three terms (maximum 12 years) for an office bearer. Also, the constitution says that an office bearer has to step down for cooling off after finishing two four-year terms. The Draft Bill says: “An individual who has served as a Designated Office Bearer of the NOC, for more than two consecutive terms, each term not exceeding four (4) years, shall not be eligible to contest for a Designated Office Bearer post for a period of four years after last serving as a Designated Office Bearer.” It needs to be seen whether he/she can contest after the cooling off period. Office bearers in the new IOA constitution mean all members of the EC. According to the sports code, the president, secretary and the treasurer of an NSF is considered office-bearer.
The Bill also allows anyone to contest for the post of any of the proposed Executive Council (EC) posts. The number of the EC has been curtailed to 15, like in the present IOA.
Not just the NSFs, what seems interesting is that the IOA, too, needs to change their constitution again. The International Olympic Committee had already said the constitution had recently been changed and there is no need for further change.
Take the case of the EC of the IOA. According to the proposed Bill, NOC can have (i) President: One (1); (ii) Vice Presidents: As specified in the constitution of the NOC (right now it is one male and one female) — 2); (iii) Treasurer: One (1); (iv) Joint Secretaries: As specified in the constitution of the NOC (one male and one female now); (v) Executive Members: As specified in the constitution of the NOC (six in total — three male, three female) (vi) Two (2) SOM representatives elected by Athletes Commission of the NOC (one male and one female); (vii) Two (2) representatives elected by Athletes Commission of the NOC (one male and one female). It exceeds 15. The senior vice president's post is missing.
This means the IOA has to change its constitution once again. "The NOC… within one (1) year of notification of this Bill, duly re-incorporate or amend its constitution as necessary with the approval of its General Body to ensure that it is in full conformity with the requirements of this Bill and rules prescribed thereto." Same is the case with the NSFs. The constitution of the NSFs, too, is more or less like the new IOA constitution and adheres to sports code and various directives of the courts.
The Bill also gives relief to NSFs, who have been directed by court to ensure that its constitution be followed right to the district level. The Bill proposes "… provided further that if any affiliate unit is subjected to a State Sports Legislation in force, provisions of this Bill shall not be applicable to that affiliate unit."
However, "The NSF shall mandate in its constitution that, as a condition of admission to its membership… each of its constituent state federation members shall… and shall ensure that each of its own district federation members shall: (i) duly register itself with the Sports Regulatory Board of India as a registered sports federation; and (ii) incorporate in its constitution and comply with all the requirements specified in this Bill as applicable to the NSF, mutatis mutandis, and any applicable rules that may be prescribed by the SRB or Central Government in relation to this Bill from time to time…"
The formation of the Appellate Sports Panel on the lines of Court of Arbitration of Sports seems to be the highlight of this proposed Bill. If the Bill comes into force, the sportspersons and officials of this country no longer need to go to court for their dispute. Even pending cases will be transferred to the appellate panel.
"In fact, all civil cases concerning matters coming under the scope of this Bill and in which the NOC, NPC or a NSF has been impleaded as party and pending adjudication before District Court or High Court immediately before the date of establishment of the Appellate Sports Tribunal, shall, on such establishment, stand transferred to the Appellate Sports Tribunal on such date as specified by the Central Government," said the proposed Bill.