2025 INSC 1131

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). OF 2025

ARISING OUT OF S LP (C) NO(S). 30748- 30749 OF 2017

ALL INDIA FOOTBALL FEDERATION ...APPELLANT (S)

VERSUS

RAHUL MEHRA & ORS. …RESPONDENT(S)

J U D G M E N T

Contents

1. Establishment of All India Football Federation and its history

thereafter .................................................................................... 5

2. Issues for Consideration: ........................................................... 20

i. Re: Eminent Players in the General Body. .................................. 22

ii. Re: Eligibility Criteria for Eminent Players ................................. 29

iii. Re: The definition of “Office-Bearers” ......................................... 31

iv. Re: Number of Vice-Presidents ................................................... 33

v. Re: On Disqualification Event(s) ................................................ 36

a) Disqualification on Criminal Charge and Conviction ........................ 38

b) Disqualification on being or becoming a Public Servant or holding any

office in a sports or athletic association or federation apart from

Football, except the IOA….. .............................................................. 40

c) Disqualification of persons who has served as an office -bearer of any

NSF from holding a post in the AIFF ................................................. 43

2

vi. Re: On retaining ‘indirect interest’ in the definition of ‘Conflict of

interest’ ..................................................................................... 44

vii. Re: On the applicability of AIFF Constitution to State Associations

................................................................................................. 46

viii. Re: AIFF and Third Parties: Extent of delegation of powers,

functions, and exploitation of rights .......................................... 51

ix. Re: Promotion and Relegation in Indian Football ........................ 56

x. Re: Applicability of principles laid down in BCCI Judgment to the

present case concerning football administration ........................ 60

xi. Re: Amendments to the AIFF Constitution and the need for the

Supreme Court to retain control ................................................ 61

xii. Re: Whether the current AIFF administration is a permanent or

interim body? ............................................................................ 63

3. Other objection(s)/suggestion(s)- ............................................... 67

i. On the definition and criteria of the Candidate: ................................. 67

ii. Definition of ‘immediate family’ ........................................................... 69

iii. Obligation of member associations ..................................................... 69

iv. Suspension and Resignations ............................................................. 70

v. Executive committee and concurrent memberships ............................ 70

vi. Acting President ................................................................................. 72

vii. Quorum.............................................................................................. 72

viii. Disciplinary Committee ...................................................................... 73

ix. Appeal Committee .............................................................................. 74

x. Dispute Resolution and Grievance Redressal ...................................... 74

xi. Schedule III: Election Bye- Laws of All India Football Federation ......... 76

4. Conclusion…………………………………………………………………….…… 77

1. Leave granted.

3

2. Recounting the social history of Indian Football, learned

authors

1 have observed that;

“While the Indians were fighting the British for their independence,

one of the most popular games in the country was football. Logically,

after independence, football should have become India’s number one

sport. It is cheaper, it certainly permeated more layers of Indian

society – even down to the semi-rural areas – than cricket and, as in

other parts of the world, could have been a metaphor for

nationalism.”

“But as freedom drew close, football’s erstwhile role as a nationalist

symbol sharply diminished owing to the game’s increasing

communal and regional overtones. Despite the Indian national

team’s worthy performances at international level in the first fifteen

years after 1947, gradually, regionalism seemed to become a more

distinct and viable alternative in Indian football”.

2

3. Unlike rights that can be enforced through law, fraternity is

not amenable to judicial command; it must be nurtured through

lived experiences of unity, trust, and shared endeavour. National,

international, regional or even mohalla sports in India serve as the

Karmabhumi where cohesion and collective purpose take tangible

form. They bring together individuals from diverse social,

linguistic, and cultural backgrounds under a common pursuit,

embodying the C onstitutional value of fraternity. Here, individual

and collective aspirations find a way to coalesce.

1

Mihir Bose, A History of Indian Cricket (London: Andre Deutsch Ltd, 1990), pp.16– 17.

2

Boria Majumdar & Kausik Bandyopadhyay , ‘A Social History of Indian Football: Striving to

Score’ (Sport in the Global Society, Routledge, 2008, Taylor and Francis), pg. 109.

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3.1 On the field, teamwork compels individuals to set aside

personal distinctions and work together, cultivating habits of

cooperation, solidarity, and mutual respect. A ccessibility of sports

is important, for when opportunities to participate are open to all—

irrespective of race, caste, religion, sex, or economic status—the

unifying power of sport is amplified. This inclusiveness ensures

that sports become not a privilege of the few but a medium through

which fraternity is strengthened across society. In this way, sports

operationalise what the framers envisioned: an intangible yet

indispensable force that holds us together through shared effort

and common purpose.

3.2 It is high time we recognize that sporting “facilities and

opportunities”

3 are “material resources of the community”

4, and

their organizers are “the institutions of the national life”

5. As “places

of public resort”

6, sporting institutions and bodies must remain

accessible, not just for pursuing sport , but also for its

administration. It should be the deeper Sadhana (endeavour) of

the State, and it is also our C onstitutional duty to ensure that

3

Article 38(2), Indian Constitution.

4

Article 39(b), Indian Constitution.

5

Article 38, Indian Constitution.

6

Article 15(2), Indian Constitution.

5

sporting facilities and opportunities flourish with institutional

efficiency, integrity, professionalism, and expertise.

3.3 It is also necessary to ensure that sporting facilities and

opportunities are not concentrated in the hands of the urban

economic elite and that the revenues from sporting events,

intellectual property and media rights are so distributed to

subserve and encourage accessible and affordable sport in our

country.

4. Establishment of All India Football Federation and its

history thereafter: The AIFF, a National Sports Federation (NSF),

was formed as the governing body of association football in the

country in 1937. It has been observed that AIFF failed to evolve

with time, took eleven years for its affiliation with the global apex

body FIFA, and struggled to manage Indian football efficiently. As

a result, the sport remained distributed in fragments, so much so

that players were alienated from the administration and with time,

politics and regionalism appeared on the centre stage. Taking into

account the lapses in organisational control around Indian

football, the commentators make a few observations, some of

which are squarely applicable to the issues in the present appeal s:

6

“The Indian Soccer Administration

Corruption and lack of professionalism go hand in hand in Indian

football. The sport’s apex body in India, AIFF, has not played it

expected role to perfection…So far as the question of professionalism

is concerned, it (AIFF) fares little better. Since its birth in 1937, AIFF

showed an utter lack of professional attitude towards the game. It

took eleven long years to get affiliated with the world apex body,

FIFA. It played its flawed part in India’s failure to participate in the

1950 World Cup. The unresolved dichotomy of national and club

football has been, to a great extent, a result of its failure and

amateurish duplicity. Moreover, factionalism, favouritism and

infighting within the Federation are plain to see since its inception.

As one of the better administrators of Indian soccer/ AIFF argued in

1961:

In our country, however, things are absolutely different.

Whether it be in the All India sphere or in the State sphere,

you will find very few people in the administration who could

claim to be players themselves. Unless this vital change is

introduced in the selection of the administrative personnel, I

am afraid, our football will never attain its rightful stature. I

have travelled throughout the world and had an opportunity

to see the football set-up in all those places … There football

is guided by experts; here by all sorts of people, and the

difference is there for all to see”.

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5. The present appeals arise out of a challenge to the order

dated 31.10.2017 passed by the Hon’ble High Court of Delhi in CM

No. 46919/2016 and CM No. 19815/2012 in W .P. (C) No.

195/2010 (“Impugned Order”).

6. The short facts relevant to the present appeals are that Mr.

Rahul Mehra, respondent no. 1 (in person) , preferred a writ

petition W.P. (C) No. 195/2010 raising questions on the working of

various sports federations and their election process, and prayed

7

Supra 1 at pg. 173 quoting M. Dutta Ray, ‘Playing Experience Needed in our Football

Administration’, in WIFA Golden Jubilee Souvenir (Bombay: WIFA, 1961). Incidentally Dutta

Ray was the president of AIFF at that time.

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for issuance of various writs directing the Union of India to

interfere in the same. Amid the pendency of the writ petition, the

Government of India, through the Ministry of Youth Affairs and

Sports, issued a comprehensive code amalgamating all previous

guidelines and notifications in the form of the National Sports

Development Code of India, 2011 (“National Sports Code”/“NSC”).

7. It is in this context that the respondent no. 1 filed an

interlocutory application C.M. No. 19815 of 2012, specifically

praying for a direction to postpone or stay the proposed elections

to the various offices of the AIFF, as the elections were allegedly

being held in violation of NSC 2011. On 18.12.2012, the High

Court passed an order, finding prima facie merit in the averments

of the interlocutory application and directing the Union of India to

examine the holding of AIFF’s elections and pass a reasoned order

deciding if the elections are being held in consonance with the

regulatory framework. On 23.08.2013, the Union of India filed an

affidavit before the High Court highlighting that it had examined

the validity of elections held on 20.12.2012 and arrived at the

conclusion that the elections “were free and fair and therefore the

body elected in pursuance of the said election is liable to be

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accorded recognition”. In that manner, the proceedings before the

High Court qua 2012 elections stood concluded.

8. In 2016, when the election to the AIFF’s executive council

again became due, the High Court on 15.12.2016 passed an order

staying the election on the ground that the proposed election

exercise violated the orders passed during the last elections in

2012. It is in these facts that the appellant filed an interlocutory

application CM No. 46919/2016 seeking vacation of the order

dated 15.12.2016 so that the elections may be concluded. On

20.12.2016, the High Court took up the application and vacated

the stay order to the extent that the elections may proceed, but the

result shall be subject to the final outcome of the application.

9. After the election process concluded, the matter was again

taken up with the passing of the impugned order. Vide the

impugned order, the High Court set aside the results of the

elections of the appellant federation on grounds of non-compliance

with the sports code and other regulations and also :

a) appointed Dr. S.Y. Quraishi, Former Chief Election

Commissioner of India as the Administrator – cum –

Returning Officer for the conduct of elections of the AIFF,

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b) directed that the elections of the AIFF were to be held after

the preparation of an Electoral College, and

c) directed that the elected body so constituted was to carry out

the requisite amendments to the AIFF Constitution to bring

it in conformity with the NSC 2011 as well.

10. The relevant directions contained in paragraph 22 of the

impugned judgment are extracted below:

“22. The Court is of the view that insofar as the Rules of the AIFF

are in breach of the National Sports Code and the Model

Guidelines for the conduct of elections, the results of the elections

of the AIFF declared on 21.12.2016 would have to be set aside.

It is so ordered. Fresh elections shall be conducted in accordance

with the Model Guidelines. Additionally, nominations would be

required to be proposed and seconded by one member

association each and with clear notice, as required by the Model

Election Guidelines read with rules of AIFF. Furthermore, the

Electoral College shall be first prepared after addressing the

complaints of various members who may have grievances in this

regard. This exercise should be carried out by a person who has

experience in sports affairs, public administration and the

conduct of elections. Accordingly, this Court directs Mr. S.Y.

Quraishi, former Chief Election Commissioner of India, who has

also served as Secretary in the Ministry of Youth Affairs and

Sports, Government of India, to be appointed as the

Administrator-cum-Returning Officer for the conduct of the

elections of the AIFF in the following manner:

i. To resolve the issue of disaffiliation of members/units of

AIFF as on 30th November, 2016 and to prepare the

Electoral List, within a month by giving the concerned

parties two weeks' notice;

ii. Elections shall be held in six weeks after the preparation

of the Electoral college. This elected body shall carry out

the requisite amendments to the AIFF Constitution to bring

it in conformity with the National Sports Code.

iii. Once the AIFF Constitution has been amended, a fresh

round of elections shall be carried out in terms of the

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National Sports Code, to ensure that age and tenure

restrictions along with the provision for due representation

of the sports-persons are strictly complied with.

iv. The AIFF shall make available to the Administrator an

appropriate office space and facilities for the discharge of

the aforesaid directions and make available such staff and

personnel as the Administrator may express the need for.

Alternatively, the Administrator may appoint such

personnel to assist him in the aforesaid matter and

expenses towards the same shall be borne by the AIFF.

v. Till the elections are conducted and results declared in

consonance of the National Sports Code and in compliance

with the preceding directions, the AIFF shall not make any

new financial commitments except with the prior approval

of the Administrator. Routine expenses of AIFF too shall be

defrayed, only with the prior approval of the

Administrator. The entire exercise will be completed within

five months from the date the Administrator assumes

charge;

vi. However, to obviate any impediment in the conduct of any

competitive tournament that may have been scheduled by

the applicant, this order shall come into effect after two

weeks from today.”

11. AIFF preferred the present appeals against the High Court’s

order. On 10.11.2017, this Court stayed the operation of the

impugned order and, in particular, the directions given by the High

Court in paragraph 22. This Court further directed that Dr. S.Y.

Quraishi and Mr. Bhaskar Ganguly, former Indian captain and

international football player, would act as the Committee of

Administrators (“CoA”) for the formulation of the Constitution of

the Federation in consonance with the NSC and Model Guidelines.

The relevant paragraphs of the order dated 10.11.2017 are

extracted below:

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“Considering the rival submissions, we are inclined to stay the

operation of the impugned judgment and, in particular, the

directions given by the High Court in paragraph 22 of the

impugned judgment. We issue following interim directions:-

(i) Mr. S. Y. Qureshi, former Chief Election Commissioner of

India, who has also served as Secretary in the Ministry of

Youth Affairs & Sports, Government of India and Mr.

Bhaskar Ganguly, former Indian Captain and

International Football Player, 38, Nalta Mahajoti Road,

Kolkata-700028, are appointed as the Committee of

Administrators (Ombudsmen) for formulation of

Constitution of the Federation which will be in consonance

with the National Sports Code and the Model Guidelines

for the conduct of its business, constitution of the Executive

Committee and elections thereto whilst ensuring that the

status and membership of Petitioner Federation is not

undermined in any manner in the International Body. They

shall prepare the draft Constitution and submit the same

within eight weeks along with their report, in a sealed

cover before this Court.

(ii) While formulating the proposed Constitution, the

Committee of Administrators (Ombudsmen) may take into

account the suggestions given by Respondent No.1, if

any.

(iii) After the report of the Committee of Administrators, along

with the proposed Constitution, becomes available,

further directions as may be necessary can be issued.

We place on record the stand taken by the Petitioner before us

that the present elected body of the Petitioner-Federation is

committed to extend its full cooperation to the Committee of

Administrators for formulation of the ·proposed Constitution of

the Federation which will be compliant in all respects and

ensure transparency, accountability and observance of

democratic values in the conduct of the business of the

Federation.

As aforementioned, the directions issued in paragraph 22 of the

impugned judgment shall remain in abeyance until further

orders, subject to the above directions.”

12. The appeals again came up for hearing on 18.05.2022,

wherein the composition of the CoA was reconstituted, with the

inclusion of Mr. Justice Anil Dave, Former Judge, Supreme Court

of India. While re-constituting the CoA, the Court also noted the

12

finalisation of the report by the CoA after eliciting and receiving

responses from the relevant stakeholders. The Court further

directed the counsel appearing on behalf of CoA to collate the

objections to render facilitative assistance to this Court. The CoA

was further requested to assess the suggestions/objections of the

stakeholders and provide inputs on the proposed

suggestions/objections. The relevant portion of the order is as

follows:

“4. The CoA, acting under the authority assigned to it by this

Court in terms of the above order has sought the permission to

place the Constitution for further consideration. The request of

the CoA is allowed.

5. The proposed Constitution of the All India Football Federation

which has been directed to be presented to court in a sealed

cover in the earlier interim order shall be circulated to all the

parties. Any objection or suggestion to the Constitution, as

proposed, shall be filed only before this Court on or before 30

June 2022. Any party desirous of obtaining a copy of the

proposed Constitution would be at liberty to email its request to

Mr. Samar Bansal, counsel appearing on behalf of CoA. Mr .

Bansal will circulate the proposed Constitution to the parties and

to any other constituent unit. Thereafter, all objections and

suggestions shall also be emailed to Mr. Bansal who shall collate

the objections for the purpose of rendering facilitative assistance

to this Court. Counsel is requested to prepare a tabulated

statement of:

(i) The Parties submitting suggestions/objections:

(ii) The nature of the suggestions/objections; and

(iii) The inputs of the CoA on the proposes suggestions/objections

6. This exercise shall be carried out by the CoA on or before 15

July 2022 and a tabulated statement shall be placed on the

record. The tabulated statement shall also be circulated to all the

parties so as to apprise them of the position.

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7. The elections of the Executive Committee which were held on

21 December 2016 were set aside by the judgment of the Division

Bench of the High Court of Delhi dated 31 October 2017. During

the pendency of these proceedings, by the interim order dated 10

November 2017, the operation of the judgment of the High Court

was stayed, including the directions which were issued in

paragraph 22 of the judgment. The normal tenure of the elected

body would, in any event, have come to an end on 20 December

2020. 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. This state of

affairs is not in the interest of the proper governance of the

Federation. Hence, the two member CoA which was appointed

by the order of this Court dated 10 November 2017 with a

specific mandate to prepare the Constitution and hold elections

to the Executive Committee, is reconstituted to consist of the

following members:

(i) Mr Justice Anil R Dave, former Judge of the Supreme Court;

(ii) Dr S Y Qureshi, former Chief Election Commissioner; and

(iii) Mr Bhaskar Ganguly, former captain of the Indian Football

Team.

8. The CoA shall take charge of the affairs of the Federation and

shall carry out the following functions:

(i) The CoA shall assist this Court and provide its inputs in the

course of the present proceedings so as to facilitate the adoption

of the Constitution after the objections/suggestions are

considered;

(ii) The CoA shall prepare the electoral roll/college for the purpose

of conducting the elections to the Executive Committee in

accordance with the provisions of the Constitution, as proposed,

subject to such further directions as may be issued by this Court

after hearing the parties;

(iii) The CoA shall carry out the day to day governance of the

Federation;

(iv) In discharging its task in terms of (iii) above, the CoA would

be at liberty to take the assistance of the erstwhile Committee of

the Federation which has continued till the date of this order in

order to facilitate decisions being taken, inter alia, on the holding

of tournaments, selection of players and all other matters

necessary for the proper governance of the Federation;

(v) The erstwhile Committee which shall forthwith hand over the

charge to the CoA; and

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(vi) The CoA would be at liberty to make all appropriate

arrangements, for the governance of the Federation, until

elections are held.

9. The present direction is a temporary arrangement in order to

facilitate the holding of elections and the handing over of the

affairs to a democratically elected body in terms of the

Constitution which will be adopted.

10. It is expected that the process of conducting the elections

should be completed expeditiously after the Constitution is

finalized.”

13. When the matter was next listed before this Court on

21.07.2022, this Court was apprised by CoA that the CoA received

nearly 215 comments from objectors, out of which nearly 98% of

the objections have been accepted. The Court also noted the

concerns expressed by the Union Government regarding the

proposed Constitution and observed that the objections would be

considered expeditiously by the Court. To that effect, the Court also

directed that all parties prepare a brief note of submissions and

circulate them to the counsel appearing on behalf of the CoA.

14. Thereafter, on 03.08.2022, in view of the then-scheduled FIFA

Under-17 Women’s World Cup, 2022 and the indication of FIFA to

CoA that the inaugural of the Under- 17 tournament should be

carried out under the auspices of a democratically elected body of

AIFF, this Court observed that the elections of the executive

committee of AIFF should be held expeditiously, consistent with

15

provisions of Article 26 of the draft Constitution. The relevant

portion of the said order is under:

“For the above reasons, we order and direct that:

(i) The elections to the Executive Committee of AIFF should be

held expeditiously and shall be concluded in terms of the time

schedule which has been indicated in the tabulated statement

set out above;

(ii) The elections shall be conducted in a manner consistent with

the provisions of Article 26 of the draft Constitution. The persons

chosen as representatives shall have to conform to Article 26.

(iii) This would be an interim arrangement without prejudice to

the rights and contentions of the parties;

(iv) The interim Body would continue for a period of three months

subject to further orders of this Court till the Constitution is

finalized;

(v) The interim Body shall not claim any equities on the basis of

this order and the present arrangement would be subject to

further orders;

(vi) The CoA shall be apprised of the decisions of the elected

Body; and

(vii) Each of the associations representing the State/UTs would

nominate one representative to the electoral college. The 36

member electoral college of eminent football players shall

consists of 24 male and 12 female players. Each of them would

be subject to the requirement of having represented India in at

least one international match and should have retired from

international football at least 2 years prior to the date of the

notification of the elections……”

15. Unfortunately, when the matter was listed on 22.08.2022,

this Court was informed that the FIFA Council on 14.08.2022 had

taken a decision to suspend AIFF from membership of FIFA. The

immediate impact of the suspension would have been i)

jeopardising the u nder-17 women’s World Cup 2022, which was to

take place in October 2022, and ii) the inability of Indian teams

16

selected by the AIFF and its affiliated clubs to take part in

international football matches or competitions as long as the

suspension continued.

16. In view of the submissions made by the Ld. Solicitor General

that it was needful that the administration and management of

AIFF is performed by a duly elected body, this Court directed that

the elections be held as soon as possible to “facilitate the revocation

of the suspension which has been imposed on AIFF by FIFA and the

holding of the Under-17 Women’s World Cup 2022 in India”. The

Court further noted the termination of the mandate of CoA and,

while recording its appreciation of the sustained and remark able

efforts of CoA, requested Mr. Gopal Sankaranarayanan, Ld. Senior

Counsel and Mr. Samar Bansal, Ld. Counsel to assist the court as

Amici.

17. Pursuant to the Court’s order, elections were held . On

02.09.2022, the newly elected Executive Committee of the AIFF

took charge and has been carrying out the functions of the AIFF to

date. In the meantime, the Ld. Amici tabulated the provisions of

the draft C onstitution alongside the stakeholders’ objections to

each clause and comments on the proposal. Since the objections

and suggestions were extensive, the Court found it necessary to

17

refer the exercise of carrying out preliminary scrutiny and relevant

modifications to the C onstitution drafted by the CoA to an eminent

jurist. In its order dated 02.05.2023, this court noted that many

of the objections did not implicate pure issues of law but also

policy. In this view of the matter, the Court entrusted the task of

finalising the Constitution of AIFF to Hon’ble Mr. Justice L

Nageswara Rao, in view of his experience in BCCI matters as well

as a similar exercise undertaken by him under the orders of this

Court in relation to the Indian Olympic Association (IOA). The

relevant extract of the 02.05.2023 order is as under:

“11. Ordinarily, we would have embarked upon the exercise of

finalizing the draft constitution by hearing all the stakeholders.

We, however, are of the view that it would be appropriate at this

stage to defer the above exercise. Many of the objections which

have been addressed by the stakeholders do not strictly

implicate the issues of law, but, also trench into issues of policy

including the proper modalities for running the sport of football in

the country.

12. A similar exercise has been carried out under the orders of

this Court in relation to IOA by Mr Justice L Nageswara Rao,

former Judge of this Court. Many of the objections which have

been raised here would find a considerable degree of overlap in

the proceedings which took place before the Hon’ble former

Judge. Hence, it would be appropriate to entrust the task of

finalizing the Constitution of AIFF to Mr Justice L Nageswara

Rao.

13. We request Mr Justice L Nageswara Rao, former Judge of this

Court, to take up the task of finalising the draft constitution as

was proposed by the CoA and which has now been propounded

by the Amicus Curiae.

14. In preparing his report, Mr Justice L Nageswara Rao is

requested to hear all the stakeholders, some of whom have

already been referred to in the earlier part of this order. The

18

exercise of considering the draft constitution and of submitting a

comprehensive report bearing in mind the objections which have

been addressed by all the stakeholders, may preferably, be

carried out by 31 July 2023…..”

18. Taking all suggestions into account, Justice L N Rao prepared

a report and suggested amendments to the erstwhile C onstitution

drafted by the CoA. On 11.09.2023, this Court permitted the

stakeholders to file objection(s) as they deem fit. On 19.03.2024,

this Court permitted AIFF to file its objections to the draft

Constitution proposed by Mr Justice L N Rao and requested the

amici to update the existing chart to reflect the objections of AIFF.

19. It is in the above-referred background that the matter was

listed before this bench on 25.03.2025, when it was decided to hear

the contesting parties and pass final orders. The matter was heard

in detail on 02.04.2025, 16.04.2025, 22.04.2025, 23.04.2025,

29.04.2025, and 30.04.2025.

20. The Court benefited from detailed and incisive submissions

made by the Ld. Counsels on significant issues permeating Indian

football. We heard Mr. K. M. Nataraj, Ld. Additional Solicitor

General for the Ministry of Youth Affairs and Sports , Mr. Ranjit

Kumar, Ld. Senior Counsel for the AIFF, Dr. Menaka Guruswamy,

Ld. Senior Counsel representing State associations, Mr. Prateek

Chadha, Ld. Counsel for the Karnataka State Football Association,

19

Mr. Abhimanyu Bhandari, Ld. Senior counsel for the Western India

Football Association (‘WIFA’), Mr. Neeraj Kishan Kaul, alongside

Mr. Ritin Rai, Ld. Senior Counsel for the intervenor Football Sports

Development Limited (‘FSDL’), Mr. Raghenth Basant, Ld. Senior

Counsel appearing on behalf of Mr. Bhaichung Bhutia, Intervenor,

Mr. Kotla Harshavardhan, Ld. Counsel on behalf of Mr. Ranjit

Bajaj, Intervenor and Director of Delhi Football Club and Minerva

Football Academy, Mr. Shivam Singh, Ld. Counsel representing Mr.

Shaji Prabhakaran (Intervenor), and Ms. Anitha Shenoy,

representing Mr. Gopala Krishna Kosaraju, Founder and Former

President, Andhra Pradesh Football Federation.

21. We also heard Mr. Rahul Mehra, respondent no. 1, in person.

All through the hearing, we were ably and effectively assisted by

Mr. Gopal Sankaranarayanan and Mr. Samar Bansal , learned

amici who have rendered effective assistance to this court.

22. The amici had previously submitted a tabulated chart

containing a list of objections from all stakeholders. During the

course of submissions, the counsels for the respective parties

submitted written submissions, accompanied by rejoinders on the

final day of hearing as well.

20

23. After hearing all the parties, our consideration was confined

to approving or modifying the draft Constitution on the basis of the

report of Justice L N Rao, coupled with the submissions and

written notes of all the parties on the clauses of the draft

Constitution. In the meantime, a significant development occurred

with the enactment of the National Sports Governance Act 2025,

8

and this prompted the Ld. Amici to mention the matter before this

Court. We listed the appeals for hearing on 01.09.2025 and heard

the parties about the advent of the 2025 legislation. As the

legislation has not yet been notified, we proceed to deliver this

judgment filling up the legislative void in the interregnum. The

Amici and other counsels have also informed us that the draft

Constitution, as per the amendments suggested by Justice L N Rao

is more or less in consonance with the provisions of the legis lation,

to be notified. Be that as it may, we now proceed to examine the

following issues and give our judgment.

24. Issues for Consideration: The objections made by the parties

to the draft Constitution fall primarily under the following domains:

i. Should Eminent Players be in the General Body; if so, to what

extent?

8

Hereinafter “NSGA 2025”/“2025 Act”.

21

ii. What should be the Eligibility criteria to be designated an

Eminent Player?

iii. Whether ‘Office bearers’ should be limited to President,

Treasurer, Secretary?

iv. Whether the number of VPs should be increased to ensure

regional representation?

v. Whether public servants should be included under

disqualification events?

vi. Whether ‘indirect interest’ should be retained in the definition

of ‘conflict of interest’?

vii. Should the AIFF Constitution apply to state associations?

viii. What is the permissible extent of delegation of powers,

functions, and exploitation of rights by AIFF to third parties?

ix. Whether promotion and relegation should form part of the

AIFF Constitution?

x. To what extent are BCCI judgements applicable to football?

xi. Should Amendments to the Constitution be approved by the

Supreme Court?

xii. Whether the current AIFF administration is a permanent or

interim body?

22

We have dealt with the above issues in seriatim. Other

miscellaneous suggestions/objections to the draft C onstitution

have been dealt with at a later stage.

i. Re: Eminent Players in the General Body.

25. Under the draft Constitution, the composition of the general

body is dealt with under Article 20. As per Article 20.2, the General

Body shall comprise:

“(a) 1 (one) representative from every Member Association;

(b) 15 (fifteen) ‘Eminent Players’ elected from a national player body. Out

of the 15 (fifteen) Eminent Players, minimum 5 (five) shall be women

(c) 3 (three) Club representatives, one each from ISL, I-League and Indian

Women's League

(d) 2 (two) representatives from Referees, 1(one) male and 1 (one) female;

and

(e) 2 (two) representatives from Coaches, 1 (one) male and 1 (one) female.”

26. AIFF, as well as State associations, have argued against the

prescribed composition of the General body. Mr. Ranjit Kumar,

learned Senior counsel on behalf of AIFF, has emphasised that the

composition of member associations is restricted to almost 60%

because of the prescription as provided under Article 20.2. This,

he would submit, is not in consonance with Clause 3.20 of NSC

2011, which contemplates about 75% composition for the member

associations. The said provision is extracted hereunder:

23

“3.20 Inclusion of prominent sportspersons of outstanding merit as

members of the respective sports federations on a tenure basis. The

strength of such prominent sportspersons with voting rights should

be a certain minimum percentage (say 25%) of the total members

representing the federation, and selection of such sportspersons

should be in consultation with this Department.”

9

(emphasis supplied)

27. State associations, on the other hand, strongly oppose the

voting rights to eminent players, referring to NSC 2011 (annexure

2), read with FIFA Statutes, and submitted that presence of

eminent players’ can at most be on a tenure basis.

28. The State associations also submit that while Eminent

players, coaches, referees and club representatives may be allowed

be a part of the executive committee, they cannot be a part of the

general body of the AIFF and are not entitled to vote in general body

meetings, as the NSC 2011 and the FIFA Statutes grant voting

rights solely to member associations. On the other hand, AIFF does

not dispute that eminent players should be part of the General

Body; however, AIFF disagrees only on how many e minent players

should form part of the General Body.

29. To buttress their submission, state associations have relied

on FIFA Statutes, 2022, particularly Article 26 read with Article

14(1)(a-d), to argue that the FIFA Statutes do not envisage

9

Annexure II (Guidelines for the Recognition of National Sports Federation) of the NSC 2011.

24

individuals becoming members of national football associations.

Further, State associations refer to clauses 3.9 and 3.10 of NSC

2011, arguing that there is no prescription under NSC 2011 for

players to be part of the executive committee with voting rights.

The said provisions are extracted below:

“3.9 The membership of the Federation should be confined to the

corresponding State/UT and other special units affiliated (like

Sports Control Boards etc.) and where Federation grant

membership to individual clubs or individual persons, such

membership does not confer on such members the right to vote in

any of the Federation's meetings.

3.10 At the National level, there will be only one recognised

federation for each discipline of sport. Only the duly recognised

National Sports Federation would be entitled to financial grants

as admissible. Only one State/UT Association from each State/UT

shall be admitted as a member of the Federation, provided it has

a minimum of 50% of the District level Associations affiliated to it.

Any organisation of an all India standing and connected with the

Sport may be given the status as that of a State or that of a U.T.

and admitted as affiliated Member. Other categories of

membership may also be given, but while each affiliated State/UT

Unit shall have a right to cast vote in the General Body Meetings,

no other class of Member(s) shall have any right to vote, in the

Federation's meetings. While granting recognition/affiliation to a

State /UT Association, the National Federation should take into consideration the representative character of the State/UT

Association so as to ensure that only truly representative body of

the game gets the recognition/affiliation.”

(emphasis supplied)

30. To counter the above submissions, the following facts were

brought to our attention:

a) Firstly, the FIFA Statutes 2022 and their most recent

iteration in 2024 contemplate the inclusion of individuals in

the body of the national federation. This is clear from Article

25

11(1), which recommends that “all member associations

involve all relevant stakeholders in football in their own

structure”

10, the term stakeholder being defined in definition

18 as "a person, entity or organisation which is not a member

association and/or body of FIFA but has an interest or concern

in FIFA’s activities, which may affect or be affected by FIFA’s

actions, objectives and policies, in particular clubs, players,

coaches, professional leagues and football fan”.

b) Secondly, Article 10 of the FIFA Standard S tatute, which is a

model Statute prescribed by FIFA to aid National Football

Associations in drafting their own constituent documents, while dealing with admission to member associations, states

that the members can be, inter alia, clubs, player groups, referee groups, and coach groups.

11 Following from this,

Article 12 defines members’ rights and Article 12(1)(a)

explicitly grants all members the right to take part in the

10

“11. Admission: 1. Any association which is responsible for organising and supervising

football in all of its forms in its country may become a member association. Consequently, it is

recommended that all member associations involve all relevant stakeholders in football in their

own structure. Subject to paragraph 5 below, only one association shall be recognised as a

member association in each country. (…)” (emphasis supplied)

11

“10. Admission 1. The Members of X are: a) Clubs; b) Regional Associations; c) Leagues; d)

Player groups; e) referees’ groups; f) coaches’ groups; g) … [to be completed by the Association].

(…)”

3. The application must be accompanied by the following mandatory items: (…)

b) a declaration that it will always comply with the Statutes, regulations and decisions of X,

FIFA and ... [abbreviation or acronym of the relevant Confederation] and ensure that these are

also respected by its own Members, Clubs, Officials and Players;”

26

Congress (equivalent to the general body) and to “exercise

their voting rights”.

12

c) Thirdly, the inclusion of individual categories of members,

such as e minent players, coaches, and referees, is also

supported by the practice followed by a large number of

national associations affiliated to FIFA, which permit the

same. This has been documented and confirmed in a study

conducted by the ‘International Centre for Sport Studies’, an

independent study centre created as a foundation in 1995 by

FIFA in conjunction with the University of Neuchâtel.

13 A

perusal of the findings of this report shows that different

national associations grant membership to a variety of

stakeholders, including Eminent Players, coaches, and

referees. The above data simply does not support the

proposition that it is a standard practice to exclude

individual players from membership of associations.

31. Taking the aforementioned into account, it was submitted

that the inclusion of Eminent Players, clubs, and coaches in the

12

“12. Members’ rights 1. The Members of X have the following rights: a) to take part in the

Congress of X, to know its agenda in advance, to be called to the Congress within the prescribed

time and to exercise their voting rights; (…)”

13

C Boillat and R Poli, 'Governance Models Across Football Associations and Leagues' in

Réflexions sportives, vol 4, International Centre for Sport Studies (2007).

27

proposed Constitution is in consonance with the very FIFA Statutes

relied upon by state associations.

32. Commenting on this provision, Justice L N Rao has stated

that the “article has been finalised in consultation with FIFA and

considering the requirements of player representation under the

Sports Code.”

33. We have read 3.9, 3.10 and 3.20 of the NSC 2011 in

conjunction. On a holistic reading of the provision, we find that no

conflict or contradiction appears to arise. While it is correct that

clauses 3.9 or 3.10 of the NSC 2011 do not confer voting rights on

individual members of an association, it is equally true that clause

3.20 explicitly grants voting rights to a specific sub-category of

individual members, i.e., “prominent sportspersons of outstanding

merit”. A harmonious and conjoint reading of clauses 3.9, 3.10 or

3.20 would thus show that clause 3.20 is essentially a carve- out

from clauses 3.9 or 3.10, and grants voting rights to the class of

persons indicated therein, i.e., “prominent sportspersons of

outstanding merit.” Reading the provisions conjointly, it therefore

appears that the substantive composition of the organisational

structure should consist of member associations, and it is

contemplated to be an ideal situation to have eminent

28

sportspersons having voting rights. We find that the percentage

indicated in clause 3.20 of the NSC 2011 is not transgressed by

clause 20.2 of the draft Constitution.

34. The argument of State associations regarding transgression

of FIFA Statute lacks merit inasmuch as the Standard Statutes

2005 itself suggests the inclusion of experienced players with

voting rights. The relevant provisions have already been extracted

above. The study conducted under the aegis of the University of

Neuchâtel also points towards the practice of inclusion of players

in the organisational structure. It is also important for us to note

that clause 20.2 was also subjected to scrutiny, as indicated by

Justice L N Rao, who stated that he had a meeting with officials of

FIFA in Zurich, and the provision was finalised in consultation with

the officials of FIFA .

35. We are of the opinion that the freedom of choice to form an

association is not in any way compromised by the requirement to

incorporate 15 eminent players. The democratic setup of the

federation is not destabilised as the elected member associates

certainly continue to hold more than 62% as the NSC 2011 under

clause 3.20 only suggests that the number of prominent

sportspersons should be a minimum of 25% which means that

29

model provision has not prohibited a number larger than 25%. It

is not probable but certain that the inclusion of eminent players,

coaches, referees, and club representatives in the general body,

with only further good governance, heralds transparency and fair

play.

36. In this view, we are not inclined to interfere with the draft

provision.

ii. Re: Eligibility Criteria for Eminent Players

37. The issue of eligibility criteria for eminent players is

important. Three important yet divergent submissions have been

made in this regard. It is important to note that while the

preliminary CoA draft of the AIFF Constitution (2017) did not define

the word eminent player, the later draft by CoA kept the criterion

that participation in 15 competitive matches was a minimum to be

considered an ‘eminent player’. Article 1.19 of the latest draft, as

finalised by Justice L N Rao , defines an ‘eminent player’ to be a

past player, who has been retired for at least 2 years, and has

represented India (senior) in at least 7 competitive matches (men)/

3 competitive matches (women) sanctioned by FIFA/AFC

14.

14

Asian Football Confederation.

30

38. AIFF has submitted that, in addition to international matches

sanctioned by FIFA/AFC, domestic matches sanctioned by AIFF

should also be counted for determining whether a player meets the

experience cut-off. The state associations, however, submit that

the threshold be kept as it was in the preliminary draft, i.e., 15

sanctioned matches for male players and 5 sanctioned matches for

female players, with further dilution to 3 matches in case the pool

of qualified candidates is not adequate.

39. Though there is justification to include an eminent player in

the general body, there is a practical problem. We are informed that

we do not have a sufficient pool of eminent players who have

participated in 15 competitive matches. Even as per the suggestion

of Justice L N Rao, we may not have sufficient numbers to fill up

the position of 10 male and 5 female eminent players in the general

body. We either reduce the number of eminent players in the

general body or reduce the criteria for qualifying as an eminent

player. This issue needs to be resolved on the basis of the current

position of the availability of past players. The Ld. Amici have

informed us that the CoA could collect a list of 236 male and 3

female players who had played at least one official match for India.

31

However, no official data on this point is maintained by AIFF. We

do not have further details.

40. The draft Constitution already prescribed a criterion, and we

have examined it carefully. After examining the whole conspectus

in the foregoing analysis, we are of the opinion that i t will be

reasonable to reduce the criteria suggested by Justice L N Rao, to

5 matches for men and from 2 matches for women. We hope that

such a modification will ensure a wider pool and participation by

retired players who will prove themselves to be efficient

administrators and guiding lights for Indian football. So far, the

submission of AIFF qua counting domestic experience for eminence

status is concerned, we are not inclined to accept it. Domestic

experience might not yield the result sought to be achieved with

the adoption of the C onstitution, which is formulated to project

Indian football on the international panorama.

iii. Re: The definition of “Office-Bearers”

41. Under Article 1.43 of the proposed draft, an office bearer shall

“mean all elected members of the Executive Committee as indicated

in Article 25”. Article 25.1 provides that AIFF shall have the

following office-bearer(s). The Article is extracted for ready

reference.

32

Article 25: Office-Bearers of AIFF and Composition of the Executive

Committee:

25.1 AIFF shall have the following Office-Bearers who shall all

constitute the Executive Committee:

(a) 1 (one) President

(b) 2 (two) Vice Presidents

(c) 1 (one) Treasurer

(d) 10 (ten) members, out of whom at least 5 (five) shall be Eminent

Players. Further, out of the Eminent Players, at least 2 (two) shall be

female Eminent Players (…).

42. With respect to the above definition, State associations have

argued that, as per NSC 2011, the term office bearer can only

encompass President, Treasurer, and Secretary. It is argued that

while the NSC provides for the executive committee to have other

members, including Vice- Presidents, the term office-bearer itself

may not include any other position. To make this submission, the

State associations refer to a letter to the President, Indian Olympic

Association, by Joint Secretary to the government of India dated

20.09.1975, which forms a part of NSC 2011 and mentions the

above three posts as being included in the term ‘office- bearers’. We

have examined the letter. Having examined the letter, we are of the

opinion that it has no bearing on the definition of office bearer.

Office bearers must be understood in the context of the functioning

of the AIFF and the reform that needs to be brought about. This

definition will have a direct bearing on the applicability of cooling-

33

off, the term, tenure and age limit. On the other hand, the inclusive

definition will be consistent with the reforms that have been

introduced and applied as independent measures for the vibrant

working of the federation. Having examined the clause, Justice L N

Rao has not considered it necessary to alter the same. In this view,

we are not inclined to accept the suggestion.

iv. Re: Number of Vice-Presidents

43. As reproduced above, the definition of office -bearer(s)

includes 2 vice-presidents. While State associations have

suggested that there should be five VPs to represent each zone,

AIFF suggests that there should be three VPs, one of which should

be a female. State federations cite that the FIFA council has VPs

from all different continental federations and that increasing the

number of VPs will be compliant with NSC. AIFF argues for an

increase in the number of VPs to 3, providing for one woman vice -

president.

44. Many stakeholders have opposed the above submissions,

arguing that a) the number of VPs has been restricted to prevent

influential persons from accommodating themselves or their

supporters, b) that under the AIFF Constitution, it is the President

and Secretary General who are primarily responsible for the

34

management and day -to-day affairs of the AIFF, and c) the

judgement in BCCI v. Cricket Association of Bihar

15 (“BCCI-I”),

particularly paragraph 18

16, is clear and categorical in its rejection

of accommodating regional interests.

45. Per Contra, Mr. Mehra submits that the number of executive

committee members cannot exceed 12 persons in terms of the NSC

2011. We gave serious consideration to the issue, and we find that

no harm is caused by exceeding the membership of the executive

committee. We believe both CoA and Justice L N Rao have taken

into account the NSC 2011 and balanced it with the demands of

the sport. The order of this Court dated 22.08.2022 provided that

the EC of the federation will consist of 23 persons as an

arrangement at that time, a higher number than the 12-person

committee.

17 Therefore, we are not inclined to reduce the size of the

executive committee.

15

(2016) 8 SCC 535.

16

“18. (….) (d) Zonal considerations - There seems to be no rational basis for the Presidency to

be rotated as per Zones, which has the effect of forsaking merit. A person who has the support

of as few as two or three members in his Zone may end up as the President, if it is the turn of

that Zone for election of President. Recent amendments to the Rules have permitted individuals

who are not even from the zone in question to be nominated to the post. For the same reason,

the Vice- Presidents who are elected from each of the five zones seem to be merely ornamental

without any specific functions.”

17

“11. (…) (vii) The EC of AIFF shall consist of 23 persons: (i) 17 members (inclusive of the

President, a Treasurer and one Vice President) will be elected by the electoral college

consisting of 35 Associations representing States/Union Territories; (ii) 6 members shall be

drawn from eminent players in the manner indicated in paragraph 7 above (…)”

35

46. At this juncture, Ld. Amici has directed our attention to

Section 4(1)(b) of the NSGA, 2025.

18 It was argued that the

provision under the 2025 Act only contemplates that there should

be no more than 15 members in the executive committee. While

the draft Constitution already provides for 14 members, there is no

conflict. Taking all factors into account, we are of the opinion that

the suggestion(s) made by the State Associations to increase the

number of VPs to five would not be possible in the present statutory

scheme.

47. However, we are inclined to accept the arguments of Mr.

Ranjit Kumar, Ld. Senior Counsel representing AIFF for the

increase in the number of VPs to 3, which shall include one woman.

We are of the opinion that such an amendment will enable women’s

representation and, at the same time, confine the number of the

executive committee to fifteen members.

18

“S. 4 (1)(b) Executive Committee

(1) Every National Sports Body shall have, —

(b) an Executive Committee which shall consist of not more than fifteen members , of whom—

(i) at least two shall be sportspersons of outstanding merit;

(ii) two shall be from the Athletes Committee to be elected from amongst themselves; and

(iii) such number of ex officio and other members shall be nominated or elected, as the case may be, as per the

International Charters and Statutes and the bye-laws:

Provided that at least four members shall be women:

Provided further that the voting rights of elected representatives of the Athletes Committee in the Executive

Committee shall be as determined by the bye- laws;”

36

v. Re: On Disqualification Event(s)

48. There is more than one contentious aspect of the provision

regarding disqualification in the proposed C onstitution, all of

which were argued before us at length. These relate to a)

disqualification on criminal charge and conviction, b)

disqualification by virtue of being a public servant, and c)

disqualification of persons who have served as an office- bearer of

any NSF from holding a post in the AIFF.

49. It shall befit to begin by reproducing the provision as it finds

itself in the amended C onstitution by Justice L N Rao. Article 1.17

of the Constitution defines disqualification event(s) as the

occurrence of any of the following events with respect to a person:

(a) Not being or ceasing to be a citizen of India;

(b) Attainment of the age of 70 (seventy) years;

(c) Having charges framed or being convicted by a court of competent

jurisdiction in India for an offence punishable by imprisonment for 2

(two) or more years.

Provided that where charges are framed the person shall be

disqualified until acquittal and where the person is convicted he

shall be disqualified for a further period of 6 (six) years from the date

of conviction. If such person prefers an appeal or an application for

revision and the Court stays the trial or conviction as the case may

be, such person shall not be disqualified during the period such stay

is in operation. However, in regard to an appeal by a convicted

person, the disqualification will not cease if only a stay of sentence

is ordered and not a stay of the conviction itself;

(d) Being banned from participation in any footballing activity by any

AIFF Judicial Body, till the date of culmination of the ban;

(e) Being declared of unsound mind;

(f) Being declared insolvent under applicable law;

37

(g) Being or becoming a Public Servant or holding a public office or

holding any office or post in a sports or athletic association or

federation apart from Football, except the Indian Olympic

Association; or

(h) Completion of the maximum term of office of any particular office-

bearer as specified in Article 26.3, without serving the specified

cooling-off period of 4 (four) years where applicable.

(emphasis supplied)

50. Clauses (c), (g), and (h) of Article 1.17 have been contested by

multiple stakeholders. It is primarily argued with respect to clause

(c) that framing of charges per se does not invite culpability so as

it disqualifies a person from holding an office. With regard to clause

(g), it is argued that NSC 2011 does not, by itself, bar public

servants from being members of the General body of the

NSFs/State Units. State associations have sought that the clause

(g) be modified to include only ministers and government servants.

In this light, the State associations seek deletion of the definition

of the term public servant under Article 1.46, which defines public

servant “as a person defined as such under Section 21 of the Indian

Penal Code, 1860”.

51. Clause (h), on the other hand, has been suggested for

modification to envisage and include situations where office-

bearers of different NSFs, despite completion of tenure in those

NSFs, try to occupy the position of an office -bearer in AIFF. This

suggestion intends to prevent “persons from rendering tenure

38

restrictions otiose by simply switching to another sport after

finishing tenure in one NSF”.

52. We take the above issues in succession.

a) Disqualification on Criminal Charge and Conviction

53. Mr. Nataraj, appearing for Ministry of Youth Affairs and

Sports submitted that there is a clear distinction between convicted

persons and charge- framed persons; the latter cannot be put on

the same pedestal as the former. During the course of the hearing,

a hypothetical argument was made that in cases of minor offences like dishonour of a cheque, the court may frame charges, but the

very fact of framing charges should not preclude a person from

contesting and taking positions of responsibility in the federation.

It was suggested that the disqualification event/termination of

membership should only be for convicted persons who have been sentenced for 2 years or more. A parallel was drawn to section 8(3)

of the Representation of the People’s Act, 1951 (“RPA”), which

speaks of disqualification for a period of six years only on the event

of conviction and sentence of imprisonment for not less than two years.

19 In this regard, our attention was directed to the 244

th

19

8. Disqualification on conviction for certain offences.—

(3) A person convicted of any offence and sentenced to imprisonment for not less than two

years [other than any offence referred to in sub- section (1) or sub- section (2)] shall be

disqualified from the date of such conviction and shall continue to be disqualified for a further

period of six years since his release.]

39

Report of the Law Commission of India,

20 which, on discussing

disqualifications in the context of RPA, observes, inter alia:

“Since the stage of framing of charges is based on substantial level

of judicial scrutiny, a totally frivolous charge will not stand this

scrutiny. Therefore, given the concern of criminalisation of politics in

India, disqualification at the stage of charging is justified having

substantial attendant legal safeguards to prevent misuse.

The framing of charges is therefore not an automatic step in the trial

process, but one that requires a preliminary level of judicial scrutiny.

The provisions in the CrPC require adequate consideration of the

merits of a criminal charge before charges are framed by the Court.

The level of scrutiny required before charges are framed is sufficient

to prevent misuse of any provision resulting in disqualification from

contesting elections.

21

54. It is not in dispute that the above suggestion , qua

disqualification premised on framing of charge, never saw the light

of day. While expressing anguish over the increasing

criminalisation of politics, this Court, in the C onstitutional bench

judgement of Public Interest Foundation v. Union of India,

22 noted

that though disqualification from contesting elections upon

framing of charges may be desirable, the Law Commission’s

recommendations had not yet fructified into law, and accordingly,

it would be ideal if Parliament examines the issue.

20

Electoral Disqualifications, Report No. 244 (Law Commission of India; February, 2014)

<https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/0

8/2022081612.pdf>.

21

N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, AIR 1952 SC 64; Jagan

Nath v. Jaswant Singh, AIR 1954 SC 210; Dr. N. B. Khare v. Election Commission of India,

AIR 1958 SC 139.

22

(2019) 3 SCC 224.

40

55. We have perused the referred material and arguments in

detail. In view of the fact that the recommendations of the law

commission of India have not adopted by legislature yet, and also

in view of the fact that no relevant parallel has been brought to our

notice regarding any other NSF’s S tatutes containing such a

provision, we are inclined to modify the provision of disqualification

based on framing of charge to the standard as envisaged in the

later judgement of BCCI i.e., “conviction followed by a sentence of

imprisonment”.

23

b) Disqualification on being or becoming a Public Servant or

holding any office in a sports or athletic association or

federation apart from Football, except the IOA

56. AIFF submits that public servants should not be excluded

from holding office in the federation. It is submitted that being a “Public Servant” should not be a disqualification event because NSC 2011 does not mandate so . Further, the stringent BCCI

Constitution limits disqualification to “Ministers or Government

23

BCCI v. Cricket Assn. of Bihar, (2022) 19 SCC 30. “19. The stipulation that the

disqualification should attach on a conviction of an offence may be accepted. However, the

further condition that a disqualification would follow upon a sentence of imprisonment of three

years or more cannot be accepted. During the hearing, BCCI agreed that the disqualification

would govern a conviction and sentence of imprisonment. The reasons set out for the other

amendments are acceptable. Subject to what has been observed above, the amendment as

tabulated in Column 3 above does not detract from the basic purpose and object underlying the

judgment of this Court. The amendment, as proposed in Column 3 above, is hence permitted to

be effected.”

41

Servants” only. The same should not be extended to Members of

Parliament or Members of the Legislative Assembly. It is also

submitted that in the event Sportspersons and coaches serve as

Members of Parliament (MPs), Members of Legislative Assemblies

(MLAs), or hold other public offices, disqualifying them on grounds

of holding public office would create an unjustified restriction on

their participation in the administration of the sport as well as

contributing to the public. Ministry of Youth Affairs and Sports and

State associations have supported the above contentions, with

State associations suggesting that the provision be revised to

provide for disqualification only on the ground of being a minister

or Government Servant.

57. At this juncture, we may note that similar arguments were

raised before this Court in the BCCI -I

24 wherein the Court

discussed and rejected the contentions raised by the BCCI to the

effect that bureaucrats and ministers should not be disqualified

from holding a position on the Board of Cricket . Referring to the

arguments and suggestions, the Court observed as follows :

“79. The Lodha Committee has, in its meetings, held extensive

interactive sessions and deliberations with a cross-section of

stakeholders…The Committee has in its wisdom found that the

holding of office by the Ministers and civil servants in the State

24

Board of Control for Cricket v. Cricket Assn. of Bihar, (2016) 8 SCC 535.

42

Associations or in BCCI is not conducive to the health and promotion

of the game (…).

80. The Committee has while making that recommendation

observed:

“… Any elected Councillor shall stand automatically

disqualified after nine years as an office-bearer, and shall

also be disqualified from contesting or holding the post if he

has completed the age of 70 years, is charged under the penal

law, is declared to be of unsound mind, is a Minister or

government servant or holds any post of another sports body

in the country.

***

81. In light of the above we see no compelling reason for us to reject

the recommendation which disqualifies Ministers and public

servants from holding offices in the State Associations or BCCI.

83. The contention that favours which BCCI receives will disappear

just because a Minister or civil servant is not an office-bearer in the

State association or BCCI has no real basis to commend itself to us.

So also, the contention that it should be permissible to hold office

simultaneously in BCCI and the State association has not

commended itself to us.”

(emphasis supplied)

58. However, when the matter again reached before this Court,

an amendment was passed by the BCCI, which was approved by

this Court, restricting the disqualification from being a “minister or

government servant or holding a public office” to being “a minister

or government servant”.

25 In agreement with the view of BCCI

(supra), we are inclined to modify the provision in Article 1.17(g) to

“being a minister or government servant”.

59. Further, even if such a person is a public servant , if he or she

has the necessary approval of the government, there should not be

25

BCCI v. Cricket Association of Bihar, (2022) 19 SCC 30.

43

a problem under section 4(2)(e) of the newly enacted NGSA 2025

26.

The rules and regulations applicable to a government servant

provide a particular standard to be maintained. The standard

requires the public servant to obtain necessary permissions. If

these permissions are taken, perhaps there is no justification to

restrict or disqualify a public servant altogether.

c) Disqualification of persons who has served as an office- bearer of

any NSF from holding a post in the AIFF

60. A suggestion has been made by Mr. Rahul Mehra to amend

Article 1.17 (h) to include situations where a person who has served

as an office- bearer of any NSF shall be disqualified from holding a

post in the federation. This argument is supposedly grounded in

the objective to prevent persons from “ rendering tenure restrictions

otiose by simply switching to another sport after finishing tenure in

one NSF”. We find that accepting this suggestion might not benefit

the federation and could be too onerous on sports administrators.

A similar provision, which was part of the earlier adopted BCCI

Constitution, was later amended with the approval of this Court in

the following words:

26

“A person shall not be qualified to contest for election or seek nomination to, the Executive

Committee unless such person, if he is a government servant, has necessary approvals from

the Government, as applicable”.

44

“18. BCCI has submitted that the disqualification from holding

any office or post in a sports or athletic association or federation

apart from cricket needs to be modified since several cricketers

of eminence are associated with other sporting activities such as

football and golf after retirement from cricket and there is no

reason to disqualify them on that ground (…)

19. (…) The reasons set out for the other amendments are

acceptable. Subject to what has been observed above, the

amendment as tabulated in Column 3 above does not detract

from the basic purpose and object underlying the judgment of

this Court. The amendment, as proposed in Column 3 above, is

hence permitted to be effected.”

27

61. In this view, we are not inclined to accept this suggestion.

vi. Re: On retaining ‘indirect interest’ in the definition of

‘Conflict of interest’

62. AIFF submits that a conflict of interest, as defined in Article

73.1, should not include indirect interest. In fact, AIFF argues that

while Article 73.5 adequately covers the scenarios of conflict, it

renders Article 73.1 otiose and unnecessary. To appreciate the

contentions, the relevant provisions are produced hereunder:

“Article 73: Conflict of Interest

73.1. A Conflict of Interest may take any of the following forms as

far as any individual associated with the AIFF is concerned:

(a) Direct or Indirect Interest: When the AIFF or a Member or an

Affiliated Unit enter into contractual arrangements with entities in

which an individual concerned or his/her relative, partner or close

associate has an interest. This includes cases where family

members, partners or close associates are in positions that

compromise, or may be seen to compromise an individual's

participation, performance and discharge of roles.

27

BCCI v. Cricket Association of Bihar, (2022) 19 SCC 30.

45

(b) Roles compromised: When the individual holds two separate or

distinct posts or positions under the AIFF, the functions of which

would require the one to be beholden to the other, or in opposition

thereof.

(c) Commercial conflicts: When the individual enters into

endorsement contracts or other professional engagements with third

parties, the discharge of which would compromise the individual's

primary obligation to the game or allow for a perception that the

purity of the game stands compromised.

(d) Prior relationship: When an individual has a direct or indirect

independent commercial engagement with a vendor or service provider or commercial partner or broadcast partner or sponsor in the past, which is now to be engaged by or on behalf of the AIFF or

its Member.

(e) Position of influence: When the individual occupies a post that

calls for decisions of governance, management or selection to be

made, and where a friend, relative or close affiliate is in the zone of

consideration or subject to such decision-making, control or

management. Also, when the individual holds any stake, voting

rights or power to influence the decisions of a Club / team that

participates in any League(s) under AIFF.

(…)

73.5. It is clarified that no individual may occupy more than one of

the following posts and/or be a part of more than one of the following

at a single point of time except where prescribed under this

Constitution:

(a) Player (Current)

(b) Team Official

(c) Match Official

(d) Member of the Election Committee

(e) Ethics and Disputes Resolution Committee

(f) Auditor

(g) Service Provider (Legal, Financial, etc.)

(h) Contractual entity (Broadcast partner, Commercial Partner,

Sponsor, Security, Contractor, etc.)”

63. On this issue, Ld. Amici submits that the suggestion of AIFF

fails to account for the fact that Articles 73.1(a) and 73.5 cover

46

entirely different fields. Article 73.1(a) is focused on indirect

conflicts of interest, conflicts through relatives, partners, or close

associates; conflicts like an Executive Committee Member’s spouse

running a football coaching academy. Article 73.5, on the other

hand, broadly prohibits the individual from holding two posts - a

more direct conflict - and does not speak of his interest through

related parties. We are in agreement with these arguments. On

plain reading of both A rticles 73.1 and 73.5, it is clear that both

cover different fields of conflict. This Court’s judgment in BCCI has

also approved of disqualifications based on indirect conflicts.

28 We

see no reason to arrive at a different conclusion.

vii. Re: On the applicability of AIFF Constitution to State

Associations

64. The state associations have vehemently opposed application

of AIFF’s Constitution to state associations on multiple grounds,

inter alia: a) the original Constitution of AIFF (2017) did not

mandate compliance of NSC 2011 on State associations, b)

Societies and Sports, fall in entries 32 and 33 of the State List (List

II, 7

th Schedule), respectively and an NSF’s Constitution should not

bind State associations and local bodies, c) Delhi High Court has

28

(2016) 8 SCC 535, para 35.

47

upheld the validity of NSC 2011 in Indian Olympic Association v.

Union of India,

29 confirming non- extension of NSC on State bodies,

d) NSC is to be applied only on national sports federation, e) t his

Court in C onstitution bench judgement of Damyanti Naranga v.

Union of India

30 had held that right to autonomous functioning is

a part of “freedom of association” guaranteed under Article 19(1)(c).

It is argued that the benefit of the very liberty shall be extended to

the state associations and local sports bodies.

65. This court had the opportunity to scrutinise the arguments

qua Damyanti (supra) in detail in a similar factual conspectus in

BCCI-I

31 wherein the Court observed that the judgment in

Damyanti (supra) was inapplicable to the case of BCCI because the

proposed BCCI C onstitution “did not interfere with or alter the

composition of the State Associations”. However, the present case of

Indian Football, which benefits immensely from a pyramidical

structure, is placed on a different footing than the game of cricket.

66. It shall help to extract Article 2.3 of the proposed

Constitution, which reads as:

“Article 2: Name, Headquarters and Affiliation

Article 2.3- The AIFF is a member of FIFA, AFC and Indian Olympic

Association (IOA) and is recognized as the sole National Sports

29

2014 SCC OnLine Del 2967.

30

(1971) 1 SCC 678.

31

(2016) 8 SCC 535.

48

Federation of India for Football by FIFA, AFC, IOA and the Ministry

of Youth Affairs and Sports, Government of India. Accordingly, it is

self-obliged to maintain this recognition and good standing and

respect the statutes, regulations, directives and decisions of FIFA

and AFC as well as the provisions of the Sports Code and all

applicable laws, and to ensure that these are likewise implemented

and respected by its Members”.

(emphasis supplied)

67. Further, Article 15.1 puts an obligation on member

associations of AIFF to conform to AIFF’s Constitution. Article 15.1

reads as under:

“Article 15: Obligations of Member Associations

Article 15.1 Member Associations shall ensure that their own

constitutions/memorandum of association/articles of association

are framed strictly in accordance with this AIFF Constitution and all

applicable laws including but not limited to provisions relating to composition of governing body / executive committee, minimum representation of female players in the respective governing body/

executive committee, eligibility criteria for appointment to an

executive committee and other bodies, including age and tenure

restrictions and cooling off period, appointment of an electoral officer

and procedure for conduct of elections as set out in Schedule III to

this Constitution, prohibition of creating titular or honorary posts in

Executive Committees by whatsoever name other than the Executive

Committee Members, disqualification events for membership,

transparency and disclosure obligations, formation of an Ethics and

Disputes Resolution Committee and related dispute resolution

mechanisms including AIFF Judicial Bodies, CAS, ICAS, creation of

Standing Committees, dispute resolution by way of arbitration as set

out in this Constitution, etc. Members are required to get these

documents verified by the AIFF every 2 (two) years”.

(emphasis supplied)

68. The intervenors and other stakeholders submitted that if the

provisions of the AIFF C onstitution are not extended to the State

associations and local sports bodies, then the loophole will be

exploited by the administrators for circuitous exchange of officials,

49

thereby bypassing well-thought-out provisions of the cooling-off

period and term limits. To this effect, reliance was placed on the

judgment of the Delhi High Court in Rahul Mehra v. Union of

India,

32 wherein it was observed that the interest of a national

federation in terms of a particular legal framework will not harm

local/state associations if they adopt that very framework.

33

69. Further, it is important to note that the pyramidical structure

of Indian football makes it necessary that all the constituent units

and associations lower in hierarchy must observe and implement

the same level of discipline, fairness, transparency, and good

governance quotients which are applied at the very top. This

submission, it was argued, needs to be appreciated also in terms

32

2022 SCC OnLine Del 2438

“114. Consequently, this Court is of the view that the Sports Code must be made applicable to

every constituent of every NSF, including IOA as well as its constituents….Be that as it may,

as a matter of Basic Principles of Good governance and International Best Practices including

restrictions on age and tenure as mandated in the Olympic Charter, what is good for the parent

NSF's including IOA should also be good for their Members State/District Level Federations

and/or Associations.” Accordingly, respondent No. 1/Union of India is directed not to grant

recognition or any facility (monetary or otherwise) to the IOA or to any NSF and/or any of its

affiliated Associations, if they refuse to comply with the Sports Code as directed by this Court.”

33

See also, BCCI v. Cricket Assn. of Bihar, (2018) 9 SCC 624

“45.1. The Registrar of Societies under the Tamil Nadu Societies Registration Act, 1975 shall

upon the presentation of the said Constitution by the CEO, register the documents forthwith

and report compliance by way of a report to the Secretary General of this Court within four

weeks;

45.2. Upon the registration of the said Constitution of BCCI, each of the members shall

undertake registration of their respective Constitutions on similar lines within a period of 30

days thereafter. A compliance certificate must be furnished to the CoA, which shall file a status

report before this Court with reference to the compliance undertaken by the State Associations;

and

45.3. In the event that any State Association does not undertake compliance with the abovesaid

directions, the directions contained in the orders of this Court dated 7-10-2016 [BCCI v. Cricket

Assn. of Bihar, (2016) 10 SCC 23] and 21- 10-2016 [BCCI v. Cricket Assn. of Bihar, (2016) 10

SCC 231] shall revive” . (emphasis supplied)

50

of Article 10(3)(b) of the FIFA Standard Statutes, 2005 which

mandate that “when a regional association applies for membership

of a national football association, its application must mandatorily

contain a declaration that it will always comply with the statutes,

regulations, and decisions of (national association), FIFA, and

(relevant confederation) and ensure that these are also respected by

its own members, clubs, officials, and players”.

34 In this regard, our

attention was drawn to Article 20.1 of the FIFA Statute 2024, which

provides as under:

“20. Status of clubs, leagues and other groups of clubs

1. Clubs, leagues or any other groups affiliated to a member

association shall be subordinate to and recognised by that

member association. The member association’s statutes shall

define the scope of authority and the rights and duties of these

groups. The statutes and regulations of these groups shall be

approved by the member association.”

70. It is important to note that in view of the chequered history of

Indian football administration, and also that governance of football

undisputedly trickles down from the superstructure to the base,

i.e., NSFs conform to FIFA, it is important that the state

associations and local bodies conform to the NSFs. We see multiple

advantages in this approach. First, the office bearer(s) of the state

34

FIFA Standard Statutes 2005, “13. The Members of X have the following obligations:

a) to comply fully with the Statutes, regulations, directives and decisions of FIFA, ...

[abbreviation or acronym of the relevant Confederation] and X at all times and to ensure that

these are also respected by its members;

b) to ensure the election of its decision-making bodies; (…)”

51

association will acquire with time an invaluable experience of

football governance in the same manner as the institutional history

of the AIFF. This will happen because the governance model of both

the NSF and state associations will overlap. Compliance and

application of best practices formulated in consultation with FIFA

at the local levels will ensure that the sport of football remains

organised, both in principle and in practice.

71. In view of the FIFA S tatute, the relevant comments of Justice

L N Rao and on analysis of the far-reaching implications of this

provision, we are not inclined to accept the argument that the AIFF

Constitution ought not be extended to the state associations and

local bodies.

viii. Re: AIFF and Third Parties: Extent of delegation of

powers, functions, and exploitation of rights

72. FSDL suggests a few changes to the proposed C onstitution.

They are, namely: a) a relevant amendment to Article 1.21

35 to

make the definition of ‘ essential aspects’ less restrictive, b) an

amendment to Article 63 to expand the role of private parties in

exploitation of rights under sports’ contracts, and c) also submitted

35

“1.21. “Essential Aspects” shall mean the organisation, supervision, maintenance of rules

and regulations, promotion of the sport, approval of authority and scope of rights of

stakeholders, preservation of the sanctity of promotion and relegation, and ensuring of

compliance with FIFA/AFC statues with respect to the sport of football.”

52

that ‘promotion and relegation’ should not be a criteria to satisfy

the definition of ‘seniormost top division league’, as defined under

Article 1.54.

73. Before we examine the tenability of the above prayers in

detail, it shall be useful to understand the context in which the

FSDL’s suggestions emerge.

74. FSDL is a company, incorporated with the objective of

improving and popularising football in India. On 09.12.2010, a

Master Rights Agreement (‘MRA’) was entered into between FSDL

and AIFF, resulting in the establishment of the Indian Super

League in 2014, which, since 2019, has been India’s senior-most

top division league. Under the MRA, FSDL was allegedly granted

“exclusive commercial rights to the National Football Team, all

football competitions organized by AIFF in India, as well as to the

ISL, which include advertising rights, broadcast rights, film rights,

franchise rights, merchandising rights, sponsorship rights, video

rights, data rights etc”.

36

75. FSDL submits that private participation in the sport of

football is an internationally acclaimed concept and utilising the

rights given to it under the MRA, FSDL has only furthered the

36

As submitted before this Court and Justice L N Rao.

53

growth and development of Indian football . FSDL is rather

concerned that despite its contributions and achievements, the

proposed Constitution will put an embargo on agreed structures of

commercial arrangements by way of a prohibition. It is submitted

that Constitutional provisions should not circumscribe and put

fetters on the commercial wisdom of AIFF to enter into contracts

suitable to its interest. In other words, commercial exploitation of

sports per se cannot be said to be detrimental to the interests of

sport. FSDL also relied on FIFA Statutes which, in FSDL’s

understanding contemplate that “commercial rights can be utilised

either by the federation exclusively (in this case, AIFF), jointly with

a third party or entirely by a third party”.

37 Thus, while the MRA

will expire in 2025, its operation can be renewed and FSDL’s

interest ought to be protected.

76. Other stakeholders have countered the above submissions,

arguing that there is no objection to AIFF’s collaboration with

private parties; rather, it is the extent of the collaboration and

delegation of essential functions that is being sought to be

regulated by the proposed Constitution. A few provisions of the

MRA were highlighted to demonstrate that such abdication of

37

As submitted before Justice L N Rao.

54

responsibility by a national federation cannot be countenanced.

For instance, clause 5.25 of MRA permitted FSDL to set up the

senior-most league of football in India and decide on its own

wisdom the “format, rules, and structure of the league and the teams

and players which will compete in it”. In this view, FSDL had

virtually acquired the right to commercialise each and every aspect

of the new league which should not be permitted.

77. It was therefore suggested that defining essential aspects

shall put in place a boundary to ensure healthy future

partnerships between private players and the federation. Such

boundary will fall in line with clause 6.1(b) of the NSC 2011, which

proscribes delegation in the nature of MRA and rather envisages

AIFF to be “fully responsible and accountable for the overall

management”.

38

78. In terms of the above, Ld. Amici has reflected on the

suggestions in the following manner:

“8.8. Regarding Article 63, FSDL first proposes the addition of the

word ‘ownership’ to Article 63.1 to further clarify that ownership

rights of the league will rest with AIFF; this suggestion, which only

serves to clarify a pre-existent position, may be a ccepted.

38

National Sports Development Code of India, 2011, Clause 6.1 (b) “(b) National Sports

Federations: NSFs are fully responsible and accountable for the overall management,

direction, control, regulation, promotion, development and sponsorship of the discipline for

which they are recognized by the concerned International Federation. They are expected to

discharge these responsibilities in consonance with the principles laid down in the Olympic

Charter or in the charter of the Indian Olympic Association or the relevant International

Federation, as the case may be while being compliant with Government guidelines applicable

to NSFs.”

55

8.9. FSDL additionally suggests that Article 63.3 be amended to take

away a clause that says AIFF “shall not be bound by any

request/demand of any third party in this regard” - language

inserted to ensure that AIFF is always able to prioritize the interests

of football in India over private interests. FSDL’s suggestion that this

be removed to enable private participation in football is incoherent -

there is no reason given why private participation cannot thrive in

the presence of such a clause. This suggestion must therefore be

rejected.

8.10. Lastly, FSDL suggests that Article 63.4 be amended to add “or

entirely through a third party”, which would have the effect of

enabling AIFF to divest itself completely of involvement - far from

maintaining primacy, this could mean AIFF may have no role at all

in the organization of certain competitions etc. There is already no

bar on the participation of third parties - FSDL’s proposed change

would serve only to allow AIFF to relieve itself completely of

responsibilities it must have under the NSC, 2011. This must

therefore be rejected.”

39

79. Though there was agreement at the bar on FSDL’s

suggestions on the addition of the word ‘ownership’ in Article 63.1,

we are of the opinion that the expression is superfluous and

unnecessary. It is evident that AIFF has objections to the use of the

word ‘organisation’ and ‘promotion and relegation’ (which we have

discussed later) in the definition of essential aspects under Article

1.21. Article 1.21, which had no equivalent in the Constitution

drafted by the CoA, is in the nature of a membrane separating the

rights and duties of the federation and third parties with whom the

federation might enter into contract(s). On a holistic reading of the

provision, we do not find it creating any harm to the private

39

Extracts, Written Submissions on behalf of Amici Mr. Gopal Sankaranarayanan and Mr.

Samar Bansal.

56

interest, except for the fact that it will impact the working of the

text of the MRA. We are mindful of our duty that the task of

Constitutional finalisation will pave the way into a new era of

Indian football, one that is based on fairness, transparency, and

accountability. While we are satisfied with the provision under

Article 1.21, and we have been apprised that the term of the

ongoing extended MRA will expire in 2025, we make it clear that it

shall be open for the federation to enter into contractual settings,

but in complete obedience to the boundary as laid down in Article

1.21. We believe that it is the only way a national federation can be

held accountable towards its duty to the prosperity of the vibrant

game of football. In this view, we are not inclined to adopt FSDL’s

suggestions qua Article 63 as well, which are premised and expand

upon the definitional clause in A rticle 1.21.

ix. Re: Promotion and Relegation in Indian Football

80. Article 1.54 of the proposed draft defines the terms ‘ senior-

most top division league’ as follows:

Article 1.54 – “Seniormost Top Division League” shall mean the

league competition owned, operated and recognized by the AIFF,

that implements the principles of promotion and relegation,

and meets all requirements prescribed by the AFC for being eligible

to obtain a direct slot in the Asian Champions League.

(emphasis supplied)

57

81. FSDL has objected to the words ‘operated’ and ‘that

implements the principles of promotion and relegation’ and sought

their deletion mainly on the grounds that the use of these words in

an important provision, coupled with A rticles 1.21 and 63 as

discussed in the preceding section, impinges upon the autonomy

of FSDL as originally secured under the MRA.

82. Many intervenors argued that the suggestions of FSDL run

contrary to FIFA Statutes, which adopt the principles of promotion

and relegation. Ld. Amici have supported their submission by

placing reliance on Article 11 of FIFA Statutes 2024 which provides

that a “club’s entitlement to take part in a domestic league

championship shall depend principally on sporting merit. A club

shall qualify for a domestic league championship by remaining in a

certain division or by being promoted or relegated to another at the

end of a season.”

40

83. It was further highlighted that decisions adopting principles

of promotion and relegation were taken way back in 2019 in a

meeting between the AFC, AIFF and FSDL; however, only the

principle of promotion has been introduced and not the aspect of

relegation.

40

Article 11(1), FIFA Statutes 2024.

58

84. To support its case, FSDL cited the judgment of the Court of

Arbitration for Sport (‘CAS’) in Miami FC v. FIFA,

41 which admittedly

observed that while the principles of promotion and relegation are

ordinarily the norm, their implementation cannot be made

compulsory for national federations which have never implemented

them before. FSDL’s submissions were countered at the bar citing

the 2019 decision regarding the implementation of the principles

of promotion and relegation from the 2024 -25 season.

85. Ld. Amici submitted that the FSDL’s reliance on Miami (supra)

is misplaced as the said judgment actually held that the principle

of promotion/relegation is ordinarily the norm, but may not be

compulsory for those national federations which have never

implemented any form of promotion/relegation and were being

called upon to do so for the first time. Since ISL already permits

promotion and has committed to implementing relegation as well

from the 2024-25 season, the said CAS judgement is inapplicable.

86. Before deliberating on the abovementioned aspects, it is

beneficial to understand the principle of promotion and relegation

41

CAS 2017/O/5264.

59

itself. In one academic work,

42 the principle and its benefits are

discussed in the following words:

“Promotion and relegation serves as a means of entry into the open

leagues. Any person could start his or her own team, begin

competing at the bottom of the league and gain promotion to the

major league over time. Entry could also be achieved by purchasing

an existing minor league team and hire quality players and coaches

to achieve the same result. Entry in an open league does not require

approval by a franchise fee or existing team owners. (…)

Promotion and relegation add an additional dimension to league

play that is not present in closed leagues. In order to avoid

relegation, teams must play at the highest level all season long.

Competition among top division teams to avoid relegation produces

more spending on player talent than large market teams in a closed

league. Teams in lower divisions will spend more on player talent

than small-market teams in a closed league since the prospect of

promotion means higher expected profit. Higher spending on player

talent at each hierarchical level means that the overall quality of play

will be higher in an open league. If fans derive utility from the quality

of on- field play, fans of open leagues will have higher utility than

fans of closed leagues.”

(emphasis supplied)

87. As of 03.04.2025, the Indian men’s football team’s

international ranking is 127.

43 Taking into account the fact that

Indian football began way back in time and also the fact that Indian

sports have flourished with time, it is an opportune moment to

decide that hereon, Indian football will not be played in silos.

Healthy competition in Indian football shall only benefit and take

42

Jasina, John and Rotthoff, Kurt W., A Model of Promotion and Relegation in League Sports

(November 1, 2009). Journal of Economics and Finance, Volume 36, Issue 2, Pages 303- 318,

Available at SSRN: https://ssrn.com/abstract=1512144.

43

See, World Ranking ( India) <https://inside.fifa.com/fifa-world- ranking/IND> (last

accessed on 05 June 2025).

60

the sport to new heights. After going through the literature on the

principles of promotion and relegation, the arguments of the

counsels, as well as the written material placed on record, we are

of the opinion that the proposed provisions do not necessitate any

amendment.

x. Re: Applicability of principles laid down in BCCI Judgment

to the present case concerning football administration

88. The judgments and orders concerning the management and

organisation of BCCI had far-reaching impacts. The BCCI series of

cases envisaged and embarked on a new dawn of Indian sports

governance, and also developed principles and best practices which

can be imbibed in letter and spirit. AIFF and state associations

have submitted that the BCCI judgment cannot be applied to

football governance because BCCI is not an NSF and therefore does

not fall within the contours of NSC 2011 as well.

89. This argument cannot be accepted for more than one reason.

While the validity of NSC 2011 has been previously upheld, this

Court’s order dated 03.08.2022 in the present appeals aptly

clarifies that NSC 2011 must be read to effectuate its intent and

purpose and not in a manner of S tatute.

61

90. This present exercise is primarily about football, but on a

broader level, is also an exercise to instil professionalism,

efficiency, and fairness in sports administration, which shall take

Indian football to greater heights. Distinguishing BCCI judgments

only on the ground that BCCI is not an NSF, while AIFF is, does

not yield any good. In this view, the arguments advanced by AIFF

and State association are rejected.

xi. Re: Amendments to the AIFF Constitution and the need

for the Supreme Court to retain control

91. Article 23 of the proposed C onstitution deals with the mode

of amendment to the AIFF Constitution. The A rticle reads:

“Article 23: Amendments to the Constitution

23.1. The AIFF Constitution, Schedules thereto and Regulations can

be amended at a Meeting of the AIFF, provided that such provisions

shall not be repealed, added to, amended or altered except when a

resolution to that effect is passed and adopted by a 75% (seventy

five percent) majority of the members present and entitled to vote at

a Special General Meeting of the General Body convened for the

purpose or at any Annual General Meeting. The quorum for any such

Meeting shall be 75% of the total strength of the General Body.

23.2. Any proposals for an amendment to this Constitution must be

submitted in writing by at least 3 (three) members jointly with a brief

explanation to the AIFF General Secretariat by a Member or by a

member of the Executive Committee 25 (twenty five) days before the

date of the concerned meeting.”

92. In his suggestion to the aforesaid A rticle, Mr. Rahul Mehra

submits that the A rticle be amended to provide that “ no

amendments to the Constitution must take effect without leave of the

62

Hon’ble Supreme Court as mandated by BCCI -II”.

44 Other

intervenors have supported the suggestion and sought that Article

23 be amended to insert that “Article 23.3 - Any such amendment

shall not be given effect to without the leave of the Hon’ble Supreme

Court.”

93. In BCCI-II, this Court approved a similar suggestion by

holding as under:

“43. Clauses 29, 33(1), 33(2) and 45 of the draft Constitution with

the modifications suggested by the Amicus Curiae read as follows:

(…)

Clause 45.—These Rules and Regulations of BCCI shall not be

repealed, added to, amended or altered except when passed

and adopted by a 3/4th majority of the members present and

entitled to vote at a Special General Meeting of the General

Body convened for the purpose or at the Annual General

Meeting. Any such amendment will not be given effect to

without the leave of the Hon'ble Supreme Court.”

44. We approve the above clauses. We are emphatically of the view

that once the draft Constitution has been approved by this Court,

any amendment should not be given effect to without the leave of

this Court.”

(emphasis supplied)

94. We have considered the above submissions. The anxiety and

concerns of the stakeholders that the approved Constitution might

be given a go-by by the federation officials if safety valves are not

put in place are justified. In this view, the suggestion regarding

insertion of “Article 23.3 - Any such amendment shall not be given

44

BCCI v. Cricket Association of Bihar, (2018) 9 SCC 624.

63

effect to without the leave of the Hon’ble Supreme Court” is accepted

for the present. 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 C onstitution 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.

xii. Re: Whether the current AIFF administration is a

permanent or interim body?

95. The erstwhile Constitution drafted by the CoA contained

Article 84 as the transitory provision, which provided for a fresh

election after the approval of the Constitution by this Court. The

said provision read:

“Article 84.1. Once the AIFF Constitution is approved by the Hon’ble

Supreme Court, an emergent Special General Body Meeting may be

convened by any 3 Full Members with a notice of 7 days to adopt

the AIFF Constitution as approved by the Hon’ble Supreme Court of

India, and the necessary particulars of time and date of the same

will be entered in Article 85. However, in accordance with the order

dated 18.05.2022 of the Hon’ble Supreme Court, the first Election

under this Constitution will be conducted by the Committee of

Administrators appointed by the Hon’ble Court.”

96. While the draft Constitution formulated by the CoA was in

place, elections to the federation were conducted and the current

executive committee was elected, pursuant to the order of this

Court dated 03.08.2022. The said order specifically mentioned that

64

the election was only an interim arrangement and no equity based

on the 03.08.2022 order shall be claimed in the future. The

relevant portion of the said order is set out in paragraph 17, which

is as under:

“17. For the above reasons, we order and direct that:

(i) The elections to the Executive Committee of AIFF should be

held expeditiously and shall be concluded in terms of the time

schedule which has been indicated in the tabulated statement

set out above;

(ii) The elections shall be conducted in a manner consistent

with the provisions of Article 26 of the draft Constitution. The

persons chosen as representatives shall have to conform to

Article 26.

(iii) This would be an interim arrangement without prejudice to

the rights and contentions of the parties;

(iv) The interim Body would continue for a period of three

months subject to further orders of this Court till the

Constitution is finalized;

(v) The interim Body shall not claim any equities on the basis

of this order and the present arrangement would be subject to

further orders;

(vi) The CoA shall be apprised of the decisions of the elected Body; and

(vii) (…)”

(emphasis supplied)

97. The above order was modified by the order dated 22.08.2022 ,

wherein the court issued certain directions as elections to the

federation were delayed, specifically taking into account the then-

commencing under-17 Women’s World Cup 2022 tournament as

well as the decision of FIFA to suspend AIFF from its membership.

The relevant portion of the 22.08.2022 order is as under:

65

“11. Bearing in mind the importance of the Under-17 Women’s World

Cup 2022 tournament being held in India, the following directions

are issued on the IA:

(i) The election programme, which was fixed in pursuance of

the order dated 3 August 2022, is permitted to be modified by

extending the date of election by one week;

(…)

(vi) Time for the completion of the elections which were

scheduled to take place on 28 August 2022 shall stand

extended by a period of one week. The Returning Officers

shall, within the said period, refix the modalities for the filing

of nominations from the stage which was reached on 13

August 2022 and ensure that the elections are completed on

schedule; (…)

12. The above directions have been issued in modification of the

previous orders of this Court to facilitate the revocation of the

suspension which has been imposed on AIFF by FIFA and the

holding of the Under-17 Women’s World Cup 2022 in India. In the

event that the above process is not taken to its logical conclusion, the

Court would consider any further order at the subsequent stage.”

(emphasis supplied)

98. After the executive Committee was put in place as a result of

the elections held pursuant to orders dated 03.08.2022 and

22.08.2022, the modified version of the C onstitution formulated by

Justice L N Rao deletes Article 84; Justice L N Rao has commented

on the deletion, observing that:

“…Owing to the fact that the existing Executive Committee and the

General Body of the AIFF were elected following due process, the

need has not been felt to immediately end their terms and to impose

fresh elections.

The transitory provision laid down in the draft Constitution stands

deleted. The existing elected members of the Executive Committee

shall stay in power and serve their permitted full term(s) of 4 (four)

years, subsequent to which fresh elections shall be conducted in the

manner prescribed in this amended Constitution.”

45

45

LNR Report, para 20.

66

99. Mr. Bhaichung Bhutia (intervenor), Mr. Rahul Mehra and

other intervenors argue that the transitory provision should be

reinstated in order to ensure that fresh elections are conducted

after the approval of the C onstitution by this Court. Ld. Amici has

supported the suggestion, arguing, inter alia, that a) fresh elections

be held as electoral college pursuant to this Court’s earlier order

will witness a shift in terms of the latest draft of the C onstitution,

b) that the order dated 22.08.2022 only altered the schedule of

elections and no comment was made regarding the arrangement

being an interim arrangement as order dated 03.08.2022

envisaged , c) that there are serious irregularities and lapses

committed by interim administrators.

100. Having given out serious consideration to the above

arguments, we are of the opinion that even if we assume that the

current AIFF is a permanent body, its functioning would always be

subject to the orders passed by this Court. Though they were

elected for a term of four years, their term will expire in 2026, which

means that the current executive committee will continue only till

September 2026, which is less than a year from today.

101. In the facts and circumstances of the case, we are of the

opinion that the current executive committee can be treated as a

67

permanent body which shall discharge its function in accordance

with the relevant laws as well as the AIFF Constitution.

102. Other objection(s)/suggestion(s)-: Till here, we have dealt

with objections to certain clauses of the draft Constitution which

were specifically raised and argued before us. As regards other

clauses, there is no contest in the court. However, we have noted

that certain objections/suggestions do exist with respect to other

clauses in written submissions filed by various parties. The Amici

have compiled those objections. We will now consider them.

103. On the definition and criteria of the Candidate: Mr.

Rahul Mehra submits that there is an inconsistency between

Articles 1.11 and 25.4 so far as the dual requirement of citizenship

and residence is concerned. While the former requires only Indian

citizenship for being a candidate of the executive committee, the

latter reads as “a candidate for the post of an AIFF Office- Bearer

must be a citizen and resident of India”. Mr Mehra suggested that

the requirement in Article 25.4 be accepted and Article 1.11 be

modified accordingly. We are in agreement with the s uggestion as

it brings certainty and clarity to the provision. The provision is to

be amended accordingly, requiring a candidate to be a citizen and

resident of India.

68

104. Further, it is important to note that in the draft C onstitution,

there is no prescription of the minimum age for contesting the

elections. We are of the opinion that Articles 1.11 and 25.4 relating

to ‘candidate’ and the condition for a candidate for the post of AIFF

office bearer be amended to read as follows:

“Article 1.11: “Candidate” is any person standing for elections to the

AIFF Executive Committee who has been proposed and seconded in

the manner laid down in Art. 5.2 of Schedule III to this Constitution.

The candidate shall be a citizen and resident of India who has

attained at least twenty-five years of age and be a voting member of

AIFF’s General Body.

Article 25.4: A candidate for the post of an AIFF Office-Bearer must

be a citizen and resident of India who has attained at least twenty-

five years of age. Such a person shall also be a voting member of the

General Body.”

105. We have introduced this in view of the fact that Section 4(2)

of the NSGA 2025

46 prescribed twenty-five years as a condition for

participating in the election.

46

Section 4: Compliance with certain requirements by National Sports Bodies

(1) (…)

(2) A person shall not be qualified to contest for election or seek nomination to, the Executive Committee,

unless—

(a) such person is a citizen of India who has attained at least twenty-five years of age;

(b) the nomination of such person is duly proposed and seconded by a voting member of the General Body;

(c) such person is not declared to be of unsound mind;

(d) such person complies with the International Charters and Statutes and bye-laws relating to age and term of the

Executive Committee:

Provided that such person shall not be more than seventy years of age on the last date of nomination for election:

Provided further that any person, aged between seventy and seventy- five years, may contest elections or seek

nominations, if permitted by the International Charters and Statutes and the bye-laws and in case such person is

elected, he shall serve for a full term;

Provided that such person, if he is a government servant, has necessary approvals from the Government, as

applicable:

Provided that a person shall not be qualified to contest for election or seek nomination to, the posts of the President

or the Secretary General or the Treasurer, unless such person is a sportsperson of outstanding merit or, has

previously served as a member for at least one full term in the Executive Committee of the National Sports Body

or as the President, or the Secretary General or the Treasurer in its affiliate unit (…).

(emphasis supplied)

69

106. We also agree with the suggestion to insert a new provision

25.4 (A) in the draft Constitution in terms of the mandate of the

4

th proviso to Section 4(2) of the 2025 Act. Article 25.4 (A) will read

as follows:

“Article 25.4(A): A person shall not be qualified to contest for election

or seek nomination to, the posts of the President or the Vice Presidents

or the Treasurer, unless such person is a sportsperson of outstanding

merit or, has previously served as a member for at least one full term

in the Executive Committee of the AIFF or as an office bearer in its

affiliate unit.”

107. Definition of ‘immediate family ’: In Article 1.32, the

definition of “immediate family” or “immediate family member”

does not include sibling(s). It was suggested that the word be

added in the interest of resolving conflicts of interest,

administrative ethics, and fairness. We are in agreement with the

suggestion. The Article is amended accordingly.

108. Obligation of member associations : We have previously

held that the AIFF C onstitution can be extended to member

associations and local bodies. In the same vein, it was submitted

that Article 15 must include the word ‘disqualification event(s)’ as

one of the domains to be looked after by the member associations,

alongside age, tenure, and cooling-off period, etc. We accept the

suggestion.

70

109. Suspension and Resignations : AIFF suggests that while

Article 17 requires 75% votes to revoke a suspension, no mirror

provision requiring a minimum percentage of votes for imposing

the suspension in the first place is given. It is suggested that an

equivalent voting requirement for suspension be given. We are of

the view that such a requirement will be in the interest of fairness

and certainty. It is therefore directed that the provision be

amended to include an equivalent percentage of votes for imposing

the suspension.

110. Executive committee and concurrent memberships : The

original draft A rticle 25 by CoA read as under:

“Article 25.3. At any given point of time:

(a) (….)

b) In the event a person is elected as an Office-Bearer in the

Executive Committee of the AIFF and holds a position of an

Office-Bearer in a Member Association, he/she shall

automatically be deemed to have vacated his/her position in the

Member Association.

c) Similarly, in the event that a person is elected as an Office-

Bearer in a Member Association and holds a position of an Office-

Bearer in the Executive Committee of the AIFF, he/she shall

automatically be deemed to have vacated his/her position in the

Member Association.

d) In case of suspension / expulsion of the Member of which the

individual is a representative, the office held by its representative

shall be deemed to have been vacated.

e) (….)”

71

111. The aforesaid clauses (b) to (d) were deleted by the

Constitution formulated by Justice L N Rao with insertion of an

unrelated clause (b), noting that while “no direct conflict of interest

could be assumed qua clauses (b) and (c), clause (d) is an unjust

disqualification given that “when a Member of General body gets

elected to EC, the member is not only representing his/her member

association but also acting in his administrative capacity in the EC”.

112. Some stakeholders have sought reinstatement of the deleted

clauses in the latest draft of the proposed Constitution. On prima

facie analysis, clauses (b) and (c) of the erstwhile provision seem

very important. Firstly, they are against holding two offices at the

same time. Second, they will ensure that an official at the national

federation is not overworked with responsibilities at a member

association and vice versa.

47 In this view of the matter, we

reinstate the above extract clauses (b) and (c) as clauses (c) and (d)

in the proposed Article 25 of the C onstitution.

113. So far, deletion of clause (d) is concerned, we find merit in the

observations of Justice L N Rao with respect to its deletion. A

member of the executive committee is primarily not for taking care

of her association’s interest, but rather for the AIFF at large. The

47

Board of Control for Cricket v. Cricket Assn. of Bihar, (2016) 8 SCC 535.

72

suspension of the member association of such an elected member

should not hamper her from discharging her duties as a member

of the executive committee. We are therefore not inclined to

reinstate the erstwhile clause (d) in the proposed provision.

114. Acting President: AIFF suggests that Article 25.6 be

amended to “include a scenario wherein the elected Senior Vice

President is also incapacitated from discharging his duties, along

with the President. In the absence of such Senior Vice President, one

of the other Vice Presidents or a member of the Executive Committee

elected by ballot with a simple majority, could serve as Acting

President, till the subsequent AGM.” We are inclined to accept the

suggestion and modify the provision to include that in the absence

of vice presidents, an executive committee member may be elected

with a simple majority to serve as acting president till the

subsequent AGM.

115. Quorum: It was suggested that in Article 41.2, no business

transaction pertaining to “ commercial arrangements and

agreements pertaining to commercial and other rights for a period

of more than four years or for an amount exceeding Rs.

5,00,00,000 (Indian Rupees Five Crore)” be inserted. Such an

73

insertion will bring Article 41.2 into consonance with Article

20.9(m),

48 it is argued. We accept this suggestion.

116. Disciplinary Committee : Article 46.1 of the AIFF

Constitution provides for a disciplinary committee to consist of a

chairperson, a deputy chairperson, and such other members as

may be deemed necessary. The provision requires all members of

the committee to have a legal background. AIFF has suggested that

the provision be modified to mandate a legal background only for

the chairperson and deputy chairperson. It is argued that such a

change will bring the provision into agreement with the structure

of FIFA’s disciplinary committee.

49 We find merit in the contention.

48

“20.9. The General Body of the AIFF shall have the following powers and functions:

Subject to the provisions of this Constitution regarding manner of dealing with Rights and

maintaining overall control of the AlFF over its Competitions and Rights therein, to decide

regarding whether to renew existing commercial arrangements and agreements pertaining to

commercial and other rights as well as and to decide regarding whether to enter into any new

commercial arrangements and agreements pertaining to commercial and other rights as well as

determining a transparent, judicious and equitable process for the above keeping the best

interests of Football in mind.

Provided that any decision regarding such agreement and/or arrangement for a period longer

than 4 (four) years must be approved at an AGM/SGM by at least 75% (seventy five percent) of

the Members present and eligible to vote. Further, in the event that there is any decision to be

made regarding such agreement and/or arrangement exceeding amount Rs. 5,00,00,000

(Indian Rupees Five Crore), it must be approved at an AGM/SGM by at least 75% (seventy five

percent) of the Members present and eligible to vote”

49

See, generally, <https://inside.fifa.com/legal/judicial-bodies> “Disciplinary Committee

(Composition)

The Disciplinary Committee shall consist of a chairperson, a deputy chairperson and a specific

number of other members. The chairperson and deputy chairperson of the Disciplinary

Committee must be qualified to practise law. The committee shall act in accordance with the

FIFA Disciplinary Code. It shall take its decisions in the presence of at least three members. In

special cases, the chairman may decide alone. The Disciplinary Committee pronounces the

sanctions described in the FIFA Statutes and the FIFA D isciplinary Code on member

associations, clubs, officials, players, intermediaries and licensed match agents. The

disciplinary competence of the Congress and the Executive Committee with regard to the

suspension and expulsion of members is reserved.”

74

The objectives of the disciplinary committee shall only be furthered

if it is more inclusive, consisting of persons from varied fields,

spearheaded by legal minds who will ensure due procedure in its

decision. In this view, we accept this suggestion.

117. Appeal Committee: On the same lines as the disciplinary

committee, we are inclined to modify Article 47 to provide that only

the chairperson and deputy chairperson shall be required to have

a legal background. This amendment will bring the provision into

consonance with the composition of the appeal committee of

FIFA.

50

118. Dispute Resolution and Grievance Redressal : It was

suggested that, as sports events are time sensitive for athletes, a

time limit (of no more than 30 days) must be prescribed for

rendering decisions by first instance and appellate bodies. Ld.

Amici has supported this argument and suggested that a proviso

may be inserted signifying that “when the decision would be

concerning a matter of expediency, the time limit would be 30

50

Ibid. “Appeal Committee (Composition) The Appeal Committee is composed of a chairman, a

vice-chairman and the number of members deemed necessary. The chairman and the vice-

chairman must have legal training. The Commission shall act in accordance with the FIFA

Disciplinary Code Decisions are made in the presence of at least three members. In special

cases, the chairman may decide alone. The Appeals Committee is responsible for the handling

of appeals against decisions of the Disciplinary Commission, which FIFA regulations do not

define as final. The decisions of the Appeals Committee are final and binding on all parties

concerned. All rights to appeal to the Court of Arbitration for Sport (CAS) are reserved”.

75

days”. Article 51.1 of the draft C onstitution provides that “ Any and

all disputes affecting or involving the AIFF, Full, Associate or

Provisional Members, including the individual members thereof,

Clubs or their members, Leagues or other Competitions, and

members of such Leagues, Officials, Referees and Licensed Match

Agents shall be referred by the AIFF in the first instance for hearing

and redressal to the Ethics and Disputes Resolution Committee”.

119. The provision deals with various stakeholders, including

individual members and disputes pertaining to competitive events.

We find merit in the suggestion so far as the players’ case is

concerned. We direct that the Article 51 be modified to insert a

proviso stating that “Provided that when the decision would be

concerning a matter having a bearing on a player’s participation in

an upcoming event/competition or a case concerning a matter of

expediency, the matter be taken on priority and an expeditious

decision be taken, preferably within a period of 30 days”.

120. It was further suggested that the time limit of 3 months

imposed in Article 51.15 on the arbitral tribunal

51 to conclude the

51

Article 51.15 - The Arbitral Tribunal shall make best efforts, if possible, to conclude the

proceeding in summary process at the earliest within 3 (three) months from reference being

so made. The conclusive award of the Tribunal shall be final and binding on all the parties

including the AIFF. The seat and the venue of the Tribunal shall be at New Delhi and

appropriate jurisdictional Court, namely the Delhi High Court, would have exclusive

jurisdiction to entertain any proceeding as per the applicable provisions of the Arbitration

and Conciliation Act 1996, as amended from time to time.

76

proceedings be reduced to 30 days. We find merit in the suggestion

and direct insertion of a proviso on a similar line of Article 51.1.

The proviso shall read: “Provided that when the decision would be

concerning a matter having a bearing on a player’s participation in

an upcoming event/competition or a case concerning a matter of

expediency, the matter be taken on priority and an expeditious

decision be taken, preferably within a period of 30 days”.

121. Schedule III: Election Bye-Laws of All India Football

Federation: It was suggested that the erstwhile Article 9.2 of the

third schedule drafted by CoA

52 contained a provision of contesting

candidates nominating their agents during polls, the latest draft of

the Constitution deletes the provision of nomination and only

allows contesting candidates to submit the name of such persons

to the returning officer.

53 The procedure for nomination remains,

but the right to nominate has been extinguished. We have

considered the argument and decided to restore Article 9.2 as it

was drafted by CoA in its original form.

52

Article 9.2. Each contesting candidate can nominate one person (if he/she so desires) to

be present at the Poll (Polling station). All candidates must submitted the name of such

person to the Returning Officer within 2 days of publication of final list of contesting

candidates in Form 6 along with valid government ID proof of the same which must be carried

by the representative on the polling day.

53

Article 9.2. All candidates must submit the name of such person to the Returning Officer

within 2 (two) days of publication of final list of contesting candidates in Form 6 along with

valid government ID proof of the same which must be carried by the representative on the

polling day.

77

122. Conclusion: Thus, we have approved the provisions of the

Constitution in the above terms. We direct the AIFF administration

to call for a special general body meeting and adopt the draft

Constitution with the modifications in this judgment. This shall be

done at the earliest, preferably within 4 weeks. We are of the firm

opinion that the Constitution, once adopted in terms of Article 84,

will mark a new beginning for Indian football and take the sport to

greater heights.

123. Before we part with the judgment, we must record our

appreciation for the assistance rendered by all counsels,

accompanied by young members of the bar, who argued their

points with precision, passion and patience. We also record our

appreciation for the invaluable assistance rendered by Ld. Amici,

Mr. Gopal Sankaranarayanan and Mr. Samar Bansal to this Court.

124. Our country is brimming with promising sporting talent

which seeks suitable avenues and organisational support. We need

to channelise this talent efficiently – from village fields to

international platforms. We believe that t he 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

78

value oriented and continue to make its mark in the national and

international landscape.

125. Order accordingly.

………………………………....J.

[PAMIDIGHANTAM SRI NARASIMHA]

………………………………....J.

[JOYMALYA BAGCHI ]

NEW DELHI;

SEPTEM BER 19, 2025