Sports governance bill: Sweeping powers to National Sports Board; focus on BCCI and more
CHENNAI: Sports minister Mansukh Mandaviya tabled the National Sports Governance Bill in the Parliament on Wednesday. The Bill envisages bringing in a comprehensive legislation to improve “the governance of the sports bodies and achieve better results in sports and reduce the disputes and litigation, inter alia, involving sports federations”.
The Bill "would want to curb factionalism, and administrative interventions which adversely affects the organised development of sports and related activities in India". Even the International Olympic Committee (IOC) was consulted before finalizing. However, implementation of the chapters and clauses in the Bill will be crucial.
The Bill has grouped all sports organizations under one head and had named them as National Sports Bodies (NSB). This includes the National Olympic Committee (namely the Indian Olympic Association); the National Paralympic Committee (IPC); National Sports Federations (NSFs); and Regional Sports Federation for each designated sport. The Bill also has the same rules governing all sports bodies including election.
The NSB will give recognition Indian Olympic Association (IOA), National Sports Federations and Regional Sports Federations. As of now the sports ministry had been giving yearly recognition to national sports bodies but once the Bill becomes an Act, the board will be both the monitoring agency and regulatory body for overseeing the functioning of the IOA and NSFs. But sports ministry will not only be involved in constituting the NSB but also the members of the election panel and tribunal. Which means the sports ministry will have sweeping powers.
All eyes on BCCI
This means India will have a regulatory body that will give recognition to all sports bodies namely NSB. All eyes have shifted to the Indian cricket board (BCCI) even if the sports ministry has said that BCCI as a sports body should be part of it (law of the land). However, the BCCI has said they would need to study the Bill before commenting. One point that the BCCI would be wary is that all sports bodies are considered as public authority under Right to Information Act.
Interestingly, there are provisions in the Bill that can help BCCI wriggle out too. Chapter VII says that “Only a recognised sports organisation shall be eligible to receive grants or any other financial assistance from the Central Government.” And the BCCI doesn't request funding from ministry. Even for using insignia they can get a no objection from the NSB.
The formation of the National Sports Tribunal is another move aimed at reducing the number of litigations pending in various courts. The Bill says that all pending cases will be transferred to the tribunal after it becomes an Act. And no civil court in the country will have jurisdiction over sports matters. Also the BCCI is following Lodha recommendations as mandated by the Supreme Court.
Executive board and limit
There is a limit to the number of members in the executive committee as well. The Bill says, “an Executive Committee shall consist of not more than fifteen members.” The National Sports Development Code and multiple sports ministry directives had also limited the EC (12) but no NSFs followed them in toto. The Bill also speaks about “at least two shall be sportspersons of outstanding merit (in the EC); two shall be from the Athletes Committee to be elected from amongst themselves… Provided that at least four members shall be women (in the EC).” Even the sports code and various Delhi High Court orders had spoken about athletes’ representation for the last 35 years or more but most NSFs did not follow the directives. Hopefully, this time they will.
The Bill is silent on districts' sports administration this time. In the draft Bill in 2024, it had spoken about district sports associations. Interestingly, as highlighted by this newspaper, sports is a state subject and infringing on districts could be tricky. It also needs be seen how much jurisdiction National Sports Board would have in states. Earlier, the draft bill had spoken about how long each of the sports bodies would get to implement the provisions of the bill (one year at least) after it becomes an act, but the one tabled in the Parliament doesn’t. It needs to be seen what happens after the Bill is notified in the Gazette of India.
As far as recognition of sports bodies are concerned, all sports bodies enjoying government recognition “before the commencement of this Act, shall be deemed to have Board recognition under this Act and the provisions of this Act shall, mutatis mutandis, apply to such organisation.”
Restrictive clause
The provision that was later included and was not mentioned earlier was the restrictive clause – the same clause the minister had objected during the IOA case in the Supreme Court. However, the Bill says, “such person is a sportsperson of outstanding merit or, has previously served as a member of the Executive Committee for at least two full terms, if such person is contesting election for the position of the President or the Secretary General or the Treasurer.” Basically, there is exception for sportspersons. One must not forget what happened in the IOA where majority of the members are sportspersons. If ministry wanted to stop paradropping, they should have made it mandatory to serve in the EC to be eligible to contest for the post of president, secretary and treasurer. The last three years have shown that all great sportspersons don’t make great administrators.
The bill also speaks about the powers of international charters and statutes of the NSFs and that they will also should be consulted by the dispute redressal committee or NSB. Even now, like in the case of the wrestling federation, taekwando and now boxing have been ducking behind IF (international federation) backing and avoiding elections or ministry sanction.
The sports board would be the strongest arm of the sports ministry. It will exercise powers that both the ministry and the Sports Authority of India were dispensing. The Board shall exercise and perform the following powers and functions to carry out the provisions of this Act, namely: “the grant of Board recognition to sports organisations and registration of affiliate units and to suspend or cancel such recognition or registration… to constitute an ad hoc administrative body or to direct the concerned National Sports Body or their affiliate units… to issue guidelines for formulation of the Code of Ethics by the National Sports Bodies.”
Other highlights:
National Sports Board will give recognition to all national sports bodies
The formation of the National Sports Tribunal for quicker dispute resolution
Tenure will be longer. The Bill says three consecutive four-year terms followed by mandatory cooling off period. Earlier, for secretary and treasurer two four-year term followed by four-year cooling off and a maximum of cumulative 12 years
Age cap raised from 70 to 75 but one has to be less than 70 on the day of filing nomination