Growth and Evolution of Sports Law

National Law Institute University
Bhopal, M.P.
Sports Law Seminar Project

Trimester XV
On the topic
Evolution and Growth of Sports Law
Submitted to: Submitted by:
Mr. Siddhartha Jain Shiuli Bhattacharya (2011 BA.LLB. 01)
Guest Faculty Shreyasi Srivastava (2011 BA.LLB. 07)
Sakshi Soreng (2011 BA.LLB. 32)
Navishta Qureshi (2011 BA.LLB. 40)
Ansh Singh Luthra (2011 BA.LLB. 58)
1
Acknowledgement
We are most humbly grateful to our faculty of the Sports Law Mr. Sidharth Jain for giving us
the opportunity to work on “Growth and Evolution of Sports Law” with special reference to
the legal position in India. It has indeed increased our interest in the sports law manifold and has
honed our skills of research generally and specifically relating to the subject matter.
We are also grateful to the efficient library staff who guided us all the while with books and
references. We are obliged and overwhelmed by their efforts in making this project a success.
We would also like to forward our gratitude to the staff of the computer lab.
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Index
Table of Contents
Introduction .................................................................................................................................................. 4
Need for Sports Laws ............................................................................................................................ 4
The History of Sports ............................................................................................................................ 9
Sports Law in India .................................................................................................................................... 11
History of Sports ................................................................................................................................. 11
How are Sports conducted. ................................................................................................................ 11
Issues................................................................................................................................................... 12
Current Model of Sports Governance in India ................................................................................... 14
Cases ................................................................................................................................................... 19
Sports Development Bills ........................................................................................................................... 23
Draft National (Development) Bill, 2011 ............................................................................................ 24
Draft National (Development) Bill, 2013 ............................................................................................ 29
Sports and the International Scenario....................................................................................................... 31
Sports Law and Arbitration ................................................................................................................. 31
Sports Laws in Various Countries........................................................................................................ 36
Suggestions ................................................................................................................................................... 4
Conclusion .................................................................................................................................................. 47
References .................................................................................................................................................. 48
3
Introduction
Many facets encompass sports ranging from organizing, infrastructural and financial
requirements, access of necessary paraphernalia, sponsorship to participation, broadcasting,
popularising, building camaraderie amongst groups, clubs, entertainment and reflection of the
public fervour and national as well as international representation. The sports field is amongst
the rapidly increasing and emerging fields of growth in terms of competition as well as
contribution to the world economy amounting to 3%. Basic question of need for a sports law
despite the existence of many influential sports federations and bodies, the state role in rendering
conducive conditions for physical fitness to curb the exploitation and ignorance of the sports
players and athletes and most importantly, incentivising sports players and other stakeholders,
the government ought to creep in the sports arena and regulate the same.
NEED FOR SPORTS LAWS
The sporting world has been plagued by scandals and controversies in the past few decades. The
Olympic Games Bidding Scandal, the recent IPL scam and allegations of sexual harassment by
the Indian Women’s Hockey Team have rocked the nation. From six gold medals in a row from
1928 to 1956, the Indian Hockey team hit an all-time low failing to qualify for the 2008
Olympics. This incident exposed the maladministration and insularity of a defective system that
drained our resources. Even the gentleman’s game cricket has been marred by match fixing and
payment by bookies. All these incidents expose the dark side of a highly competitive world.
Simon Rottenburg1, in his seminal work on professional sports, analysed sports in terms of the
same paradigms that are applicable to any other economic activity and came to some brilliant
conclusions. He defined the sporting competition as a joint product and a collective effort of a
number of factors. He said that no single sporting team or player could offer an interesting and
independent product of value in sports. Thus a sporting spectacle required a competitive balance
and the ordinary rules applicable to a pure market had to be modified here. Even though
1
Journal of Political Economy, 1956
4
competition was the core value that promoted sports, one needed competitive balance or equality
of competitors to some degree for the success of the event. Revenue was generated by the
excitement offered by teams more or less evenly matched. Thus the principle that public interest
is best served by the unrestrained free markets did not apply here. The second pillar on which the
sporting world thrived was the unpredictability of outcome. These two factors defined the
mechanism on which sporting industry worked.
Some of the major problems that the sporting world faces, can be broadly categorized into labour
issues, drug use, torts laws, laws on accountability, broadcasting issues etc. The magnitude of the
problem and its nuances make it clear that sports law will no longer be an applied law or an
amalgamation of laws under some jurisdiction, but a law in its own right. Entry 33 in the Seventh
Schedule of our Constitution has provided a provision for the State as well as the Centre to make
and enact laws on regulation, registration and recognition of associations involved in sports.
Rajasthan and Himachal Pradesh are two states where there is a functional sports law at present.
In India, the provincial sports bodies work under non-profit making organisations under the
Company Law Jurisdiction. Rules and regulations like statutory orders act only as secondary
legislations supplementing laws. The Competition Law, 2002 promotes Competition advocacy,
forbids abuse of dominance and anti-competitive agreements. But a comprehensive law on
Sports must aim at a broader ideal and vision. The law makers should provide and disseminate
the idea and information on various issues related to sports and encourage the exchange of a
variety of perspectives through conferences before embarking on the mission.
In pursuance to enlivening dream of a sports law and render legal sanctity to the institutional
field of sports, passionate efforts led by retired Chief Justice of India, Justice Mukul Mudgal
culminated in the enactment and adoption of a recognizable number of sports oriented rules,
regulations and laws. The National Sports Policy of 2001 which heavily based itself on the
National Sports Policy of 1984 emphasised upon and covered varied points; broad-basing, mass
participation and universalization of sports, resource mobilisation, infrastructural development,
sports’ educational integration, training, paraphernalia requirement, scientific back-up and
participation being some of its key features.
Similarly, The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act, 2007
was enacted with its prime objective to provide access of sporting events of national importance
5
to largest number of listeners and viewers in the country. Furthermore, the adoption and
acceptance of the World Anti-Doping Code by the National Anti-Doping Agency (NADA) on
7th March 2008 to preserve the intrinsic value and the spirit of any sport. Internationally, the
legal presence in sports is found in the form of the ICC Code of Conduct for Players and Player
Support Personnel, Glasgow Commonwealth Games Act, 2008 London Olympic and Paralympic
Games Act, 2006 FIFA Regulation on the Status and Transfer of Players and the standardisation
of the Participation Agreement between the players and clubs/organizations.
Coming back to the Indian scenario, legislature, despite the pessimistic show of agreement to the
draft proposal of a National Sports law in 2011 due to politically and commercially explainable
reasons, the National Sports Development Bill of 2013 had been courageously invited by a few
law-makers, the law and the sports ministry and it clearly states as its objective that “this Bill
does not intend to transgress into the independence of the National Sport Federations and the
National Olympic Committee. The Bill only seeks to imbibe the practice of good governance
accepted around the world in the Indian scenario.” The Draft Bill, presented by the Chairman of
the Working Group, (retired) Justice Mukul Mudgal and the then Union Sports Minister has also
covered various aspects including the eligibility of sports persons to represent the country.
The draft bill lays down significant clauses, each of which, hold importance of their own such as
the ineligibility of persons charged for a criminal offence and undergoing proceedings in a
criminal court to contest elections of federations such as IOC and NSFC. The lack of
international precedents, the lack of public support for what may have been perceived (perhaps
incorrectly) as further government involvement in sports management, some tenuous clauses, a
failure to distinguish between Olympic and non-Olympic sports and omissions of key
stakeholders are amongst the few reasons why debates of non-acceptance of the sports bill and
its roughshod pathway have affected the Indian government in legislating upon the sports law
since late. The international protocols and norms of sports do not recognise limitless and undue
governmental control and governance in the form of laws, rules and regulations, especially
because the self-regulated bodies of sports have more or less their own internal dispute resolution
mechanisms. In fact, the Indian government has had proposed to legislate sports law so as to
regulate the internationally representative field of competition.
6
Considering the much bred corruption, scams and fraud in the sports field too, the legislation of
the 2011 and thereafter, the 2013 bill seemed a theoretical necessity. As a matter of fact, a hung
decision on certain matters such as scrutiny of sports governing bodies such as BCCI under the
RTI Act and the dangerously hovering chances of refusal to align a de facto non-Olympic sports’
NSF and sports governing bodies BCCI and other non-Olympic yet self-sustainable sports bodies
in case of strict legal regulations by virtue of the sports law, took place. Actually, the history of
the trajectory of sports bill in India dates back to 2011 during which unanimous opposition by
NSFs dashed the 2011 bill to ground and rejected by the Union cabinet. Thereafter, the 2013
National Sports Law Development Bill, in the form of diluted measures on influential bodies
such as the BCCI and many revised recommendations, was feebly tabled before the Union
legislature. Relevant features of the 2013 bill which need to be noted are that the usage of the
word ‘India’ which is part of the ‘Emblems and Names (Prevention of Improper Use) Act, 1950’
may be made mandatory to be used by all the 66 National Sports Federations in India if the said
legislation sees the light of the day. Also, too much direct governmental role in sports is only
deemed as interference. Next, as proposed by the National Sports Development Bill of 2013, it is
not wise for the general masses to be armed with the weapons of unchecked questioning
authority over the governing mechanisms of the myriad of sports regulating bodies in India.
Equally problematic is the idea that 25% of the members of executive committees in the NSFs
ought to be former sportspersons.
There is a distinctly demarcating line between the management and administrative abilities and
the sportsmanship. Neither can any of it replace the other nor can it substitute the other.
Henceforth, debatable clauses such as the aforementioned require a revisit before their
petrifaction into enacted law. Thus, this roughshod journey of bill drafting of one of its own kind
requires broad, healthy vision along with learning the lessons of governmental role, recognition
and status to sports from other nations. Many contentions on the clear approval and passage to
this flagship bill have built humungous impediments in the smooth sailing of the draft bill.
‘Sports’ is a subject which comes under the State list in terms of Entry 33 of List II of the
Seventh Schedule of the Constitution of India and the Union created the Ministry of Youth
Sports Affairs as per Article 77 of the Constitution.
7
The focus on sports from the legal perspective is sporadically discussed in cases such Zee
Telefims Ltd. and Anr. v. Union of India and Ors2 which highlights the need to raise standards of
sports, M/s Narinder Batra v. Union of India3 which applied harmonious construction to decide
‘the question of inclusion of sports in the Concurrent list of the Indian Constitution and
introduction of appropriate legislation for guiding all matters involving national and inter-state
jurisdiction’, Vineet Kumar v. BCCI4 which popped up the issue of extent of monopoly and
autonomy of the wealthy, independent and directly non-State funded sports bodies and
federations namely the BCCI which is invariably one of the most prime issues of sports sector.
As to the other legal aspects and angles which overlap with the general and recognised offences
under the Indian laws such as the diseased doping, gender discrimination and sports betting,
commercial, contractual and labour law aspects of agreements and contracts between players and
organisers are concerned, a plethora of judicial decisions have developed the law on sports and
helped much in bursting myths of the legal sanctity of sports and physical education and the
penal consequences of the ancillary wrongs committed amidst sporting.
Few important Indian case laws are Indian Olympic Association v. Veeresh Malik and ors.5
which confirmed that the IOC and the Commonwealth Games Organising Committee were
public authorities for the purposes of the meaning of Section 2(h) of the Right to Information
Act, 2005, the case of Percept D’Mark v. Zaheer Khan6 which discussed the application of
Section 27 of the Indian Contract Act to the sports contracts and the resulting vulnerabilities for
the sports players, etc. In a nutshell, the sports law is only and only emerging as is its pace of
emergence. The sports controversies and scams such as the IPL spot fixing controversy of 2012,
Commonwealth Games scam, mode and manner of playing (action of bowlers in cricket), the
undeserved negligence of the national game of hockey in India and the like require judicial
interference after a certain stage and legal crystallization and backing to develop consistency in
the dispensation of justice and ultimately, good governance of the sports along with
improvement of the standards of sports. The sports bill of 2013, when once enacted as an act,
2
AIR 2005 SC 2677
3
ILR (2009) 4 Delhi 280
4
It was subsequently withdrawn.
5
MANU/DE/0108/2010
6
AIR 2006 SC 3426
8
would prove to be an asset for the country and a remarkable contribution to the law of sports in
India.
THE HISTORY OF SPORTS
The history of sports extends as far back as the existence of people as purposive, sportive and
active beings. It also shows how society has changed its beliefs and therefore how changes in the
rules are brought. The history of sports in India dates back to the Vedic era. Chess, wrestling,
polo, archery and hockey are some of the games believed to have originated in India. But
somewhere between the historical lineage of sports and sports in the modern era there is a gap of
enthusiasm and encouragement. Little importance is left for sports at grass root level in India
with every school concentrating only on academics. Though there are various federations in
India that provide sports facilities but apart from cricket, India is largely failing in every major
event for sports such as Olympics. One of the main reasons for it is the lack of uniform
regulation in India for sports. There is a need for a legislation that governs sports and brings the
various authorities into one roof.
Sports law has an unusually well-developed pattern of globalized regulation and overlaps
substantially with labour law, contract law, criminal law, public law, administrative law, antitrust
law, competition law, intellectual property rights law, law of tort, media law, company law,
human rights law etc. These laws have been applied to sporting context involving public order,
drugs, safety, disciplinary measures, conduct and wider issues relating to restraint of trade, anti-
competitive behaviour, match fixing and the commercial exploitation of sports. Issues like
defamation and privacy rights are also an integral aspect of sports law. In India sports figures in
the State list of the Seventh Schedule (entry 33) of the Constitution.
In the field of sports, the club is the basic unit at the grass root level. At the top of the hierarchy
are the international sports bodies for each sports made up of national bodies of different
countries. The national sports bodies again consist of the provincial or state bodies of different
countries. The provincial state bodies comprise the different districts or clubs. In India, national
sports bodies field the national team representing the country for participation in international
competitions where good performance is a matter of pride for the entire nation. They consider
9
the players for participation and selection. These bodies also award telecasting and broadcasting
rights to the successful bidder for hefty sums and also earn revenues from advertisement in
sports events. They also take disciplinary action against the erring players including debarring
them from the game.
Accordingly in the most countries including India, for enforcement of their public duties and
obligations prerogative Constitutional Writs of High Courts lie against these private bodies like
any public or Government Authority.7
7 Indian Olympic Association Vs Veeresh Malik and Ors MANU/DE/0108/2010
10
Sports Law in India
HISTORY OF SPORTS8
The history of sports extends as far back as the existence of people as purposive, sportive and
active beings. It also shows how society has changed its beliefs and therefore how changes in the
rules are brought. Human beings are drawn in sports activities since times immemorial. From the
initial days of human civilization till date, sports have evolved from a source of personal
entertainment to a global industry encompassing more than 3% of world trade.
The history of sports in India dates back to the Vedic era. Chess, wrestling, polo, archery and
hockey are some of the games believed to have originated in India. Though there are various
federations in India that provide sports facilities but apart from cricket, India is largely failing in
every major event for sports such as Olympics. One of the main reasons for it is the lack of
uniform regulation in India for sports. There is a need for a legislation that governs sports and
brings the various authorities into one roof.
Sports law has an unusually well-developed pattern of globalized regulation and overlaps
substantially with labor law, contract law, criminal law, public law, administrative law, antitrust
law, competition law, intellectual property rights law, law of tort, media law, company law,
human rights law etc. These laws have been applied to sporting context involving public order,
drugs, safety, disciplinary measures, conduct and wider issues relating to restraint of trade, anti-
competitive behaviour, match fixing and the commercial exploitation of sports. Issues like
defamation and privacy rights are also an integral aspect of sports law.
HOW ARE SPORTS CONDUCTED?9
In many countries, such as India, national as well as provincial sports bodies, clubs, associations
or societies are more often than not is set up under the law of societies. These are autonomous
non-profit making private bodies. Additionally, many of these are also established as non-profit
associations under the company law jurisdiction. These associations cannot dole out their
surplus.
8
Lakshmanbhai V. Gol, Dr. Hiteshchandra Rawal, 2014, Emerging Sports Law in India
9
Vidhi Agarwal, Sports Law in India- Evolution and Development
11
These national sports bodies field the national team on behalf of the country for participation in
international competitions where first-rate performance is a matter of pride for the whole
country. They mull over the players for participation and selection. These bodies also grant
telecasting and broadcasting rights to the successful bidder for heavy sums and also receive
revenues from advertisement in sports events. They also take punitive action against the erring
players including debarring them from the game. These bodies control even domestic matches or
games within the country.
The international sports body for each sport, made up of national bodies of different countries is
at the top of the hierarchy. The national sports bodies comprise the provincial or state bodies of
different countries. The provincial state bodies comprise the different districts or clubs.
Accordingly in the most countries including India, for enforcement of their public duties and
obligations prerogative Constitutional Writs of High Courts lie against these private bodies like
any public or Government Authority. (Indian Olympic Association Vs Veeresh Malik and Ors10)
ISSUES11
It is a well-known fact that there is no law governing the various aspects of sports in India. The
lack of framework on this subject leads he citizens to resort to other subject matters in order to
make their grievances heard related to sports. Some of the issues affecting sports and how they
are dealt with at present are as follows.:
1) Sports and Competition: It is highly required that the law must ensure proper structure and
liabilities of the sports bodies; and key policies for sports bodies including code of conducts,
policies for discipline, selection, harassment, conflict of interests, recruitment and awards,
etc. At present, the Competition Act, 2002 governs the case relating to Sports issues.
2) Sports Injuries with regard to the issues of Liability: This comprises potential liabilities;
claim and compensation; and risk assessment insurance provisions. In Rati Pampanna vs M/S
Kirloskar Ferrous Industries12, the appellant, employee of the respondent organisation
participated in a sports event organised by another organisation where he suffered certain
10
MANU/DE/0108/2010
11
Justice Mukul Mudgal (Retd.), 2010, ‘Law and Sports in India: Developmental Issues and Challenges’
12
Available at http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/14459/1/RSA5454-10-13-08-
2014.pdf
12
injuries. The company as a matter of sympathy and in response to urgent requirement of
money by the Appellant paid him a sum. Later on, it sought to recover the same. The plaintiff
contended that since he participated in the event on behalf of the respondent, he should be
taken to be in performing in the course of employment. The court while dismissing his
contention held that sports event was not organised by the company and as such, company is
not liable to pay medical expenses incurred by the appellant.
3) Employment Issues: Employee contract agreements must ensure that all contractual
agreement accrues matters of intellectual property between employee and employer.
4) Harassment in Sports13: This includes review of the laws and policies for the harassment of
fair sex in sports; means and methods for equality rights for fair sex, girl child and female
participants of sports; internal investigations and inquiries on the harassment in sports; and
humanitarian and constitutional law for prevention of racial and gender harassment. The
most famous incident under it has been that of Ruchika Girhotra wherein IGP SPS Rathore
was alleged to have molested the girl in his office. The lack of laws on the subject led to
justice being delivered to the family only after a lapse of 20 years at the cost of losing their
daughter.
5) Labour Issues: Players and owners have to negotiate mandatory issues relating to hours,
wages and working conditions. The agents entrusted to conduct business on player’s behalf
should be working as per well laid out norms that serve the best interests of the game.
6) Drug Use: The problem of performance enhancing drugs a major problem that needs to be
addressed. Drug testing, list of banned drugs, penalties, privacy issues and right to appeal
must be clearly stated by the nodal agency concerned.
7) Tort Laws: Tort Laws were once not a part of the landscape of sports laws. But intentional
tort pointing to a criminal act of assault needs to be penalized. Similarly right to publicity has
to deal with the defamation of a person’s character and reputation.
8) Laws on Accountability: There is a need to check corruption and ensure accountability in
conduct and monetary deals of the government bodies and other agencies involved in
managing sports.
13
Gender Discrimination in Sports, Sandeep Dasika, Youth kiAwaaz,
http://www.youthkiawaaz.com/2011/07/gender-discrimination-in-sports/,
13
9) Broadcasting Rights: India’s Competition Act 2002, holds void any agreement that is likely
to cause an appreciable adverse impact on competitiveness. Yet the issue of grant of
broadcast rights of sporting events has repeatedly been raising controversy. We need
transparency in the matter, which is possible only if rules governing the same are clearly laid
down.
CURRENT MODEL OF SPORTS GOVERNANCE IN INDIA
Jurisdiction: In India sports figures in the State list of the Seventh Schedule (entry 33) of the
Constitution. This implies that states have been given the prerogative to frame laws related to
sports in India. However, only three states have framed laws relating to sports in India.
There is no national or state legislation for regulation of sports in India. The Ministry of Youth
Affairs & Sports14 was set up by the Govt. of India as the nodal agency to create the
infrastructure and promote capacity building for broad-basing sports as well as for achieving
excellence in various competitive events at the national and international levels. The Ministry
was set up as the Department of Sports at the time of organisation of 1982 Asian Games New
Delhi. Its name was changed to the Department of Youth Affairs & Sports during celebration of
the International Youth Year, 1985. It became a separate Ministry on 27 May 2000.
Subsequently, In 2008, the Ministry has been bifurcated into Department of Youth Affairs and
Department of Sports under two separate Secretaries. The Ministry has proposed a draft of
Sports Development Bill in the year 2013. This bill hasn’t though turned into a comprehensive
law as of yet.
Sports promotion is primarily the responsibility of the various National Sports Federations
(NSFs) which are autonomous in nature. The Ministry of Sports and Youth Affairs issues
notifications and guidelines from time to time for the purpose of regulation of NSFs.
The sports law in India is governed and regulated mainly by the following authorities:
1) Sports Authority of India

2) Sports Law and Welfare Association of India
3) National Sports Policies
14
Ministry of Youth Affairs & Sports, Govt. of India, http://yas.nic.in/index.asp?layid=2
14
4) The Sports Broadcasting Laws
5) The National Sports (Development) Bill, 2011
6) The National Sports (Development) Bill, 2013
Sports Authority of India15
The Sports Authority of India was established to fulfill the need of an apex body to coordinate
various sports activities in India. The success of the IXth Asian Games at Delhi has raised sports
consciousness and enthusiasm in India which in turn, motivated the Government of India to
focus on sports development to encourage physical fitness among youth and to direct their
energy towards excellence. The Sports Authority of India has gradually, extended its operations
to promote broadbase sports. The other thrust areas of SAI include provision of strengthening of
inputs for excellence and various supportive programmes, such as Academic Programmes,
Coaching and Physical Education Awareness Programmes and Scholarship Schemes as
incentives to sportspersons. The Sports Authority of India operates various Schemes at sub-
junior, junior and senior level and endeavors to broadbase sports and develop excellence by
upgrading the skills of Indian sports persons.
The major aims and objectives of SAI are:
 Talent scouting at micro level & nurturing talent towards excellence

 Training and international exposure
 Support training with Scientific Personnel
 Monitoring and enhancement of performance with scientific evaluation system
 Training and preparation of National Teams
 Sports infrastructure development and maintenance
 Maintenance and upgradation of sports complexes
The governing body includes 22 members including the chairman who is the Minister of Youth
Affairs & Sports.
Sports Law and Welfare Association of India16
15
Sports Authority of India, http://sportsauthorityofindia.nic.in/index.asp
15
The Sports Law and Welfare Association of India is a national non-profit and professional
organization which work with the common goal of understanding, advancement, and ethical
practice of Sports Law in India for the promotion of Sports, by bringing Legal Practitioners and
Sports persons together. The Association provides consultancy on various matters including
regulation of sports governing bodies, general sport and law issues, intellectual property issues in
sport, online advocating in legal disputes of sports in court on behalf of sports persons and sports
bodies, etc. The Sports Law and Welfare Association of India aims to further the discussion of
legal problems affecting sports and to promote the exchange of a variety of perspectives and
positions of sports law and provide a forum for lawyers representing athletes, teams, leagues,
conferences, civic recreational programs, educational institutions and other organizations
involved in professional, collegiate, Olympic, physical education and amateur sports.
National Sports Policies
A Resolution on the National Sports Policy was laid in both Houses of Parliament in August,
1984. The National Sports Policy, 198417 was formulated with the objective of raising the
standard of Sports in the country. The National Sports Policy, 1984 provided inter-alia that the
progress made in its implementation would be reviewed every five years to determine the further
course of action, as may be necessary, following such review. Over the years, it has transpired
that even as the National Sports Policy, 1984 encompasses various facets in respect of
encouraging sports in the country, the implementation of the same is not complete.
In order to reformulate the National Sports Policy 1984, National Sports Policy 200118, was
drafted. The objective of the guidelines of National Sports Policy 2001 is three fold:
1) To define the areas of responsibility of the various agencies involved in the promotion and
development of sports.
2) To identify National Sports Federations eligible for coverage under these guidelines, to set
priorities and to detail out the procedure to be followed by the federations, to avail of
government sponsorship and assistance.
16
Sports Law and Welfare Association of India, http://www.sportslawindia.info
17
M. Lakshminath, Governance in India, 2014 (pg. 173-175)
18
Sports Policy, 2001, http://www.napess.org/sportsPolicy-2001.php
16
3) To state the conditions for eligibility which the government will insist upon while releasing
grants to sports federations.
In accordance with the provisions of the National Sports Policy, 2001, the Central Government
pursues the objectives of “Broad-basing” of Sports and “Achieving Excellence in Sports at the
National and International levels” in a combined effort with the State Government, the Olympic
Association and the National Sports Federation. The Government of India and the Sports
Authority of India, in association with the Indian Olympic Association and the National Sports
Federations, are expected to focus specific attention on the objective of achieving excellence at
the National and International levels.
In the year 2007, the Ministry of Youth Affairs and Sports drafted the Comprehensive National
Sports Policy19 in order to develop sports and implement the 2001 Policy.
The major objectives of the current policy are:
1) Sports for All:

a) A provision of universal access to sports and physical education for all classes of citizen,
in all segments of society and across all age groups for physical well-being or recreation
and personal or community development is expected.
b) Universalize sports facilities in educational institutions. Physical education and sports be
made an integral part of the curriculum up to the higher secondary level.
c) Sports facilities in rural areas must be provided for. Appropriate steps shall be taken to
provide sports infrastructure in areas that may have special requirements.
d) Sports facilities in urban areas should also be provided. Conscious efforts shall be made
with the stakeholders concerned to promote physical activity and sport in everyday
context. State governments, municipal bodies and private institutions should allocate
more resources for investment in sports infrastructure, equipment and trained staff
e) Mass participation in sports should be encouraged by fostering formation of sports club
in both urban and rural areas and promoting competition in sports.
f) Indigenous sports like gulli danda, bullock cart racing and other local sports need to be
encouraged.
19
Draft Comprehensive Sports Policy, 2007, http://yas.nic.in/sites/default/files/File371.pdf
17
g) Sports should be promoted among girls and women especially in rural areas. Similarly,
adequate opportunity should be provided to persons with disability.
2) Excellence in Sports:
a) Ensuring fair and reasonable opportunities to all talented young sportspersons.
b) Providing for a sufficient number of sports competitions at all levels.
c) Strengthening scientific and technical support systems for high performance athletes.
d) Making available sufficient high-end facilities, including appropriate nutrition, and
trained sports instructors and sports scientists/doctors to develop the physical attributes
and skills of the selected pool of talented youngsters, to make them worthy competitors at
national and international events.
e) Preparing and supporting a large pool of talented sportspersons for gainful employment
opportunities within the sports sector.
f) High priority must be accorded to capping, reversing and eventually ending the scourge
of doping in Indian athletics and other sports.
g) Pursuing a well-calibrated policy for holding major sporting events.
3) Constitutional and legal measures:
a) There has been under consideration in Parliament since the Twelfth Lok Sabha a Bill
aimed at transferring the subject of “sports” from the State List to the Concurrent List in
the Seventh Schedule.
b) Till such time as the constitution is no amended, legislation under the residuary powers
vested in the Union Government under Entry 97 of the Concurrent List may be
considered for providing a legal framework for the Long Term Development Plans.
The National Sports Policy aims to pursue inclusion of Sports in the Concurrent List of the
Constitution of India and introduction of appropriate legislation for guiding all matters involving
national and inter-state jurisdiction.
The Sports Broadcasting Law20
The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act was passed in
2007 with an objective to provide access to the largest number of listeners and viewers, on a free
20
The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
http://www.mib.nic.in/WriteReadData/documents/sbs4.pdf
18
to air basis, of sporting events of national importance through mandatory sharing of sports
broadcasting signals with Prasar Bharati and for matters connected therewith or incidental
thereto.
The Act provides that any content right owner or holder television or radio broadcasting service
provider shall not carry a live television broadcast on any cable or Direct-to-Home network or
radio commentary broadcast in India of sporting events of national importance, unless it
simultaneously shares the live broadcasting signal, without its advertisements, with the Prasar
Bharati to enable them to re-transmit the same on its terrestrial networks and Direct-to-Home
networks in such manner and on such terms and conditions as may be specified. 21 The Central
Government has been authorised to provide penalties suspension or revocation of licence,
permission or registration apart from monetary penalty. Furthermore the maximum extent of
imposition of pecuniary liability is One crore.22
CASES
The lack of a single unified comprehensive law that is applicable nationally has led the supreme
court to read the need in the various cases decided by it.
1) Indian Olympic Association Vs Veeresh Malik and Ors23
Briefly the facts of the case are such that the respondent applied for information from the Central
Government seeking particulars relating to the hierarchy of the authorities set-up under the Act,
status of the latest audited accounts of the and all particulars of expenses incurred by the IOA in
connection with the visits by anyone in connection with the Commonwealth Games. Not
receiving the reply of the kind he expected he approached CIC with a complaint.
The petitioner contends that it is completely autonomous from the governmental authorities. IOA
reiterates that there is no Central Government representation in its bodies; its Executive
Committee and elected office-bearers enter into arrangements with public or private
organizations for furtherance of the Charter and the IOA‟s objectives, independent of any control
of outside agencies.
21
Sec.3(1) of the Act.
22
Sec4.(1) of the Act.
23
MANU/DE/0108/2010
19
However, the CIC dismissed the contentions of IOA and held that it was a public-authority and
thus obliged to comply with the provisions of the Act. The CIC stated that:
The object of RTI Act is to bring transparency and since IOA discharges public function in the
sense, that it is the nodal agency through which alone citizens could participate in international
sports, it should have no hesitation to keep its functions transparent. Being a public authority in
terms of RTI Act, does not, and cannot, in any way compromise its position or functioning in
relation to the Olympic Charter.
This order was brought to challenge before the Supreme Court. The IOA here contended that it is
not a public authority within the meaning of the terms under Section 2(h) of the Act. It submitted
that its members have no connection with any public body and are drawn on purely individual
basis. Further, its administrative mechanism and management are the result of independently-
held elections.
The basic issue in this writ petition was whether IOA being a private body can be covered under
the term ‘public authority’ under the provisions of RTI Act, 2005.
The court in order to decide the issue referred to Sec. 2(h) of the Right to Information Act, 2005.
It stated that the structure of Section 2(h)24 is in two parts wherein the first part consisting of
clauses a, b and c deals with establishment of authority through legislations and the second part
deals with financing structure. It is fairly clear that IOA has not been brought into existence
through the parliamentary intervention. Thus, the only decisive factor is substantial financing of
the organisation.
The court therefore held that IOA is the national representative of the country in the IOC; it has
the right to give its nod for inclusion of an affiliating body, who, in turn, select and coach
sportsmen, emphasizes that it is an Olympic sports regulator in this country, in respect of all
24
Sec.2(h): Public authority means any authority or body or institution of self- government established or
constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
i. body owned, controlled or substantially financed;
ii. non-Government organization substantially financed, directly or indirectly by funds provided by
the appropriate Government;
20
international and national level sports. The annual reports placed by it on the record also reveal
that though the IOA is autonomous from the Central Government, in its affairs and management,
it is not discharging any public functions. On the contrary, the funding by the government
consistently is part of its balance sheet, and IOA depends on such amounts to aid and assist
travel, transportation of sportsmen and sports managers alike, serves to underline its public, or
predominant position. Without such funding, the IOA would perhaps not be able to work
effectively. Taking into consideration all these factors, it is held that the IOA is public authority.
2) Indian Olympic Association v. Union of India25
The present writ petition was filed in response to Central Government’s notice to IOA regarding
framing of National Sports Code. The petitioners question UOI‟s authority to frame the
guidelines, contending that Sports is covered under Entry 33 of the List II, in Schedule VII.
Neither Parliament has the authority to make laws in that respect, nor does the Union
Government have executive power over that subject matter, as executive power is only co-
extensive with legislative authority. Consequently, the Union Government does not possess any
power to impose restrictions on the functioning of autonomous bodies.
The question that concerned the Court is whether the National Sports Code pertains to sport in
the sense contemplated by Entry 33.
The court stated that regulation of sports does come within the state list. However, it would be
more accurate to note that states have exclusive competence over sports within their territory.
However, the question was held to be a bit different, i.e. who regulates sporting activity between
states (nationally) and as regards the Indian Union internationally. Or more accurately put, who
regulates the private bodies that regulate such activities.
At present, the Central Government regulates various national and international sporting
activities in India. An exhaustive list of these activities would be vast. Undeniably, various
executive issues- without which national teams cannot operate are also touched by the Centre
through various levels in the Ministry of Youth Affairs and Sports. Equally, various other
activities involving a foreign relations aspect are conducted by the Centre.
25
Available at http://lobis.nic.in/ddir/dhc/SRB/judgement/11-05-2014/SRB09052014CW23102012.pdf
21
It was therefore held that if the petitioner’s argument were to be correct, regulation of sports
between states and internationally would fall within a legal vacuum. This is because the states
would lack the competence to legislate and to act beyond their borders; even more importantly,
there would be chaos and conflicting regulatory regimes, within each State concerning inter-state
sports. The Union on the other hand, would be enjoined through its inability to locate this power
under List I or List III. These activities, though relating to sports, would be left unregulated-
worse, prey to potentially conflicting regimes, reducing effective regulation of inter-State and
International sport to farcical proportions.
Clearly, the intent of the drafters was not to prevent regulation of sports at the national or
international level, which is the necessary conclusion of a reading of Entry 33, List II which
makes entire field of sports as an activity under state control. Accordingly, this case is suitable to
categorize in that field of activity which should fall within Entry 97.
22
Sports Development Bills
‘Sport’ as a subject is a part of Entry 33, List II (State List) of the Seventh Schedule of the
Constitution of India. Therefore, the Central Government would technically not have any
legislative competence to enact a central law in respect of the subject. The Ministry of Youth
Affairs & Sports was set up by the Govt. of India to build infrastructure and promote capacity
building for broad-basing sports as well as for achieving excellence in various competitive
events at the national and international levels. Sports promotion is primarily the responsibility of
the various National Sports Federations (NSFs) which are autonomous in nature. The Ministry of
Sports and Youth Affairs issues notifications and guidelines from time to time for the purpose of
regulation of NSFs.
However, since the judgment in the case of Zee Telefilms Pvt. Ltd. & Anr vs Union Of India &
Ors.26, which opined that sporting bodies such as the BCCI don’t fall within the ambit of Article
1227 of the Constitution of India (definition of state), where select office bearers make arbitrary
and discretionary decisions regarding management and other administrative activities.
Case laws, however, indicate otherwise. According to judicial decisions, State governments are
fit to legislate on sports and allied matters only within their territorial jurisdiction. Further,
judgments have also held that since the central government provides substantial funding, is
involved in the selection of the national coach, makes available facilities developed by the Sports
Authority of India (‘SAI’) and the Ministry of Youth Affairs and Sports (‘MYAS’) and renders
financial assistance for acquisition of sports goods and materials, the central government has the
required legislative competence to regulate sports at the national and international level. It must
however be noted that very few states such as Rajasthan and Uttar Pradesh have enacted such
legislations for their respective states.
26
4 SCC 649
27
Article 12 of the Constitution of India reads as follows – “Definition In this part, unless the context otherwise
requires, the State includes the Government and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of India or under the control of the
Government of India.”
23
DRAFT NATIONAL SPORTS (DEVELOPMENT) BILL, 201128
A Resolution on the National Sports Policy was laid in both Houses of Parliament in August,
1984. The National Sports Policy, 1984 was formulated with the objective of raising the standard
of Sports in the country. The National Sports Policy, 1984 provided inter-alia that the progress
made in its implementation would be reviewed every five years to determine the further course
of action, as may be necessary, following such review.
Subsequently, the National Sports Policy 2001 envisioned the central government working in
conjunction with the state governments, the Indian Olympic Association (‘IOA’) and the
National Sports Federations (‘NSFs’) to concertedly pursue the twin objectives of “Broad-
basing” of Sports and “Achieving Excellence in Sports at the National and International levels”.
The Comprehensive National Sports Policy 2007 endeavored to put in place a framework for
sports in India based on an inclusive model with the full ownership and involvement of all
stakeholders. However, these policies faced stiff opposition from NSFs and the IOA and hence
were not implemented.
The Draft National Sports (Development) Bill (‘Draft’)29 was released for comments and
feedback by the MYAS in February 2011. The Draft aims to increase transparency in sports
administration and to open sports administration in India to public scrutiny. Promotion of
indigenous sports, sporting excellence, athletes’ welfare and organisation of sporting events form
the keystones of the Draft.
Key Tenets of the 2011 Draft
The salient feature s of the bill are as follows:
1) Basic Universal Principles of Good Governance
The Draft aims to remain consistent with the core principles spelt out in the “Basic Universal
Principles of Good Governance” proposed by the International Olympic Committee (“IOC’) and
endorsed by the Olympic Congress in 2009. The IOC Code of Ethics state that ‘The basic
universal principles of good governance of the Olympic and sports movement, in particular
28
Available at - http://yas.nic.in/sites/default/files/File921.pdf
29
Id.
24
transparency, responsibility and accountability, must be respected by all Olympic Movement
constituents.’
The reason these principles are sought to be enforced through legislation is that in 2010, the
MYAS had engaged in a dialogue with the IOC and IOA to expedite the process of reform of the
IOA.
2) National Sports Development Council
The Draft empowers the Government to take all such measures, including notification of
regulations, policies, rules, procedures and guidelines, as it deems necessary or expedient, for
promoting the development of sport30. Further, the Government may also constitute National
Sports Development Council to advise it on matters related to sport. The Council is ideated to
consist of members from the various NSFs, experts in sports law, eminent athletes, sports
scientists, etc., appointed for a non-renewable term of 4 years and involves the participation of
athletes in the decision making process. The Council is to be headed by an Eminent Athlete who
has won and been awarded prominent national and international awards in his/her sport. More
importantly, the Council would also represent active athletes with up to three active athletes to be
appointed to the Council and two- third of the voting rights for all decisions to be taken by the
Council are retained in favor of members who are not affiliated to affiliated to NSFs, the central
government or SAI. This represents a significant step in ensuring that past and present athletes
would have a say in the administration of sports in India and is a proposal that has received
overwhelming support.
3) Demarcation of Responsibilities
The Draft envisages roles and responsibilities for the central government, SAI, the IOA and
NSFs. The central government is primarily entrusted with the task of determining the eligibility
conditions for recognition of the NSFs and the IOA31; SAI with providing the necessary support
to NSFs for organizing preparatory camps for the selected national teams or athletes for
participation in international competitions; and every NSF will be held responsible and
30
Section 3 of the Draft National Sports (Development) Bill, 2011
31
25
accountable at the national level for the overall promotion and development of the sport for
which it is granted recognition.
4) Regulation of the IOA
The IOA is made responsible for the timely organisation of the National Games once every two
years and to recognise NSFs for each Olympic and non-Olympic sport. It is noteworthy that the
IOA has been obligated to hold fair and transparent election every 4 years 32. Additional
obligations placed upon the IOA are to maintain public accountability, resolve disputes through a
proper mechanism of dispute resolution within 15 days of a dispute arising and enact bye laws in
compliance with the IOC Charter and directions. Substantially, the IOA would be required to
seek permission from the central government prior to bidding for any major sporting event and to
submit before the Parliament its audited statements, report of activities and measures taken to
promote the welfare of athletes, combat doping, expedite the process of dispute resolution,
comply with the Right to Information Act, 2005 and prevent gender discrimination and
harassment of women in sports.
5) Recognition of National Sports Federations
The central government may recognize no more than one NSF for each sport33. Primarily, each
NSF may represent or purport to represent itself as the recognized NSF for the sport and to
represent India at various levels; regulate the sport in India; and select athletes to represent the
country at the international level. The criteria for recognition of NSFs are also established with
each NSF that wishes to be recognised mandatorily required to abide with certain norms such as
financial accountability, professional management, and recognition by the IOA, status as an apex
body, etc.
The Draft prescribes the conditions based on which the Government may withdraw recognition
to NSFs and upon withdrawal of recognition, the concerned NSF will no longer receive
assistance from the central government or exercise any rights granted to it under the Draft. It
deals with major concerns such as detection and prevention of age fraud and sexual harassment
32
33
26
in sports, along with the promotion of drug-free sport and fight against all forms of corruption in
sporting activities.
6) Age and Tenure Restrictions
Most importantly, the Draft places restriction on age and tenure at the NSFs with 70 being the
mandatory age of retirement and office-bearers being barred from securing more than two
consecutive terms in office34. Office-bearers are not eligible to contest the post of President of an
NSF on completion of 12 years at the post. By way of background, the Olympic Charter
prescribes a retirement age of 70 for IOC members and also states that a member may serve for a
maximum two successive terms in the IOC executive board regardless of the capacity to which
he has been elected. NSFs are required to ensure that 25% of the membership and voting power
is held by athletes. The Draft also places restrictions on the Union Minister of Sports contesting
IOC or NSF elections and on concurrent holding of positions by Office Bearers in NSFs.
7) Eligibility of Athletes to Represent India
Only Indian citizens holding Indian passport, including Non-Resident Indians, are eligible to
represent India in international sports competitions35. Persons of Indian Origin and Overseas
Citizens of India are not treated as Indian citizens for this purpose and are expressly prohibited
from representing the country. Unfortunately, this could result in the loss of significant sporting
talent to the country as PIO and OCI athletes often explore the option of representing India at the
international level.
8) Sports Ombudsman
Any dispute concerning athletes, or concerning an NSF and/or the IOA or any other sports
related body, including management conflicts or disputes will be referred to the Sports
Ombudsman i.e., a retired High Court Judge with knowledge about sports law or arbitration with
general knowledge of sports. Provisions are also made to set up an Appellate Authority. All
awards of the Sports Ombudsman and Appellate Authority are to be binding as Final Awards
under the Arbitration and Conciliation Act 1996.
34
35
27
Reasons For Failure of the Draft National Sports (Development) Bill, 2011
The Draft National Sports (Development) Bill, 2011 was rejected by the parliament. It miserably
failed the test of the houses of parliament. The rejected Sports Bill wanted to 'clean up' sports
India by working with National Sports Federations (NSFs). Two problems here. First, the
domestic track record of official administrators in sports management is awful. Second, a law
like this is more or less unprecedented internationally. So, the Bill cannot fall back upon any
international templates for support.
Taking on the BCCI and other non-Olympic yet self-sustainable sports bodies via blanket
legislation was a major flaw. Some of India's most popular sports, cricket, for example, are not
Olympic sports. Suppose a de facto non-Olympic sports' NSF chose to no longer align itself with
the sports ministry and/or the Indian Olympic Association, due to the stringent regulations or
onerous burdens that NSF accreditation placed on it
Bringing de facto NSFs such as the BCCI under the Right to Information Act's (RTI) is not a
perfect idea either. The BCCI, besides being one of the most successful sports-bodies in the
world, also happens to be one of the most heavily scrutinised sports entities. Bringing it (or any
other NSF for that matter) within the RTI's scope might be plausible when it comes to profit-
making, or conflicts of interest-related queries.
Therefore, in summary, the flaws of the Draft National Sports (Development) Bill, 2011 were –
1) The lack of international precedents.

2) The lack of public support for what may have been perceived (perhaps incorrectly) as further
government involvement in sports management.
3) Some tenuous clauses.
4) A failure to distinguish between Olympic and non-Olympic sports.
5) Omissions of key stakeholders.
28
DRAFT NATIONAL SPORTS DEVELOPMENT BILL 201336
After the failure of the 2011 Bill, another revised bill was drafted by a select committee of
eminent sportspersons headed by Justice (retired) Mukul Mudgal.
The 2013 Draft Bill proposed to give effect to various International conventions on sports,
suggests important measures to ensure that sporting bodies are governed in a fair and transparent
manner.
First, it provides for compulsory registration of National Sports Associations or Federations with
the Central government37. Only registered sporting associations would be entitled to use the word
‘India’ or ‘Indian’ in International sporting events.
Further, all National Sports Federations would be compelled to publish annual audited accounts
and a report on annual achievements on its website every year 38. Additionally, all registered
sports federations are required to comply with requirements prescribed in the Draft Bill in
matters of election of office-bearers: for instance fair and transparent elections for positions in
Sporting Bodies will have to be conducted at least once every four years. Additionally, all office-
bearers will have to mandatorily retire at the age of seventy39. This will prevent the practice of
many office-bearers holding lifetime positions in sporting bodies.
The Draft Bill also envisages representation of at least twenty five per cent sportspersons in the
decision-making bodies of National Sporting Federations40. The sportspersons are to be
nominated by an Athletic Advisory Council to be constituted by the National Sports Federations
as per rules prescribed by the Central government.
Again, office-bearers against whom criminal charges have been framed would not be eligible to
contest elections and every office-bearer would be allowed to hold a position for only two
36
Available at - http://yas.nic.in/sites/default/files/File921.pdf
37
Section 22 of the Draft National Sports Development Bill 2013
38
Id,
39
40
Id.
29
successive terms (However the office-bearer can re-contest elections after a four year cooling off
period)41.
The Draft Bill also envisages creation of an Appellate Sports Tribunal42 to adjudicate any
disputes regarding Sports Federations and to oversee the functioning of sporting bodies. The
Appellate Tribunal is empowered to cancel registration of sporting bodies who do not comply
with requirements of the Bill relating to elections, transparency and disclosures.
However one of the most important provisions of the Bill is bringing all National Sporting
Federations within the ambit of the Right to Information (RTI) Act 43. Only information relating
to doping tests, health and fitness of athletes and selection procedure is exempt from disclosure44.
This provision will ensure that all contracts and tenders awarded by Sporting Federations are
open to public scrutiny making it easier to punish acts of corruption and mismanagement of
funds.
It is thus clear that the passage of the National Sports Development Bill would be an important
measure to ensure some amount of transparency and probity in the conduct of sporting bodies.
However, even this draft is pending before the parliament and it is unlikely that the proposed
legislation will be passed sometime in the near future as important politicians cutting across
party lines are office-bearers of BCCI and other sporting bodies and would consider any
regulation as an encroachment of their personal fiefdom.
41
Id.
42
43
44
Id.
30
Sports and the International Scenario
SPORTS LAW AND ARBITRATION
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution
of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the
"arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be
bound. It is a settlement technique in which a third party reviews the case and imposes a decision
that is legally binding for both sides. Other forms of ADR include mediation (a form of
settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts.
Arbitration in India is governed by the Arbitration and Conciliation Act 1996 (“Indian
Arbitration Act”), which is based on the UNCITRAL Model Law. The Indian Arbitration Act is
broadly divided into two parts. Part I applies to arbitrations held in India, whether domestic or
international, and Part II applies to arbitrations held outside India. Part II, incorporates the rules
related to international arbitrations governed by the New York or Geneva Conventions. In sports,
the disputes are first referred to the federations that govern a particular sport and subsequently
the international authorities that govern the sport. e.g. in hockey disputes are referred to the
Indian Hockey Federation and after that the International Hockey Federation.45
At a time when sports are becoming more professional and the stakes are becoming higher than
ever, dispute resolution takes on an increasingly important role. In many respects arbitration
offers the most suitable solutions with regards to the rapidity, diversity, incontestability and
professionalism of the decisions rendered. With regular increase in the number of sports-related
disputes in the country, India requires an independent authority that specializes in sports-related
problems and that is authorised to pronounce binding decisions. The disputes when referred to
courts take a long time to come up with the final decision since the Indian courts are already
piled up with a number of pending cases. There is a need to have an authority for sports that
offers flexible, quick and inexpensive method of resolution of disputes. With the inauguration of
India’s first arbitration centre in Delhi in 2009, India is recognizing the necessity of arbitration
45
Richard H. McLaren, Twenty-Five Years of the Court of Arbitration for Sport: A Look in the Rear-View Mirror,
20 Marq. Sports L. Rev. 305
31
for quicker disposal of cases. The increasing use of arbitration in sport over the last decade has
challenged the legal framework in which arbitration disputes are addressed in many jurisdiction.
Court of Arbitration for Sports46
Arbitration exists in international sport through the Court of Arbitration for Sport. All
international disputes relating to sports are referred to it. The most prominent sports dispute
resolution forum is the Court of Arbitration for Sport (CAS) which has its headquarters in
Lausanne, Switzerland. The CAS was created by the International Olympic Committee (IOC) in
1983. It also has two permanent outposts in Sydney, Australia and New York, USA. It has a
minimum of 150 arbitrators from 37 countries, who are specialists in arbitrations and sports law.
They are appointed by the International Council of Arbitration for Sports (ICAS) for a four year
renewable term and need to sign a ‘letter of independence’. The CAS also has a permanent
President who is also the President of ICAS.
The body was originally conceived by International Olympic Committee (IOC) President Juan
Antonio Samaranch to deal with disputes arising during the Olympics. It was established as part
of the IOC in 1984. However in a case decided by the CAS, an appealed was made to the Federal
Supreme Court of Switzerland, challenging CAS impartiality. The Swiss court ruled that the
CAS was a true court of arbitration, but drew attention to the numerous links which existed
between the CAS and the IOC. The biggest change resulting from this reform was the creation of
an "International Council of Arbitration for Sport" (ICAS) to look after the running and
financing of the CAS, thereby taking the place of the IOC. CAS is placed under the
administrative and financial authority of the International Council of Arbitration for Sport
(ICAS).47
Almost all international sports federations or associations which are part of the Olympic Games
require sports disputes arising between themselves and sportspersons to be decided by the CAS.
Sporting federations whose sports are not part of the Olympics such as Formula I where the FIA
which is the governing body of motor sports has its own dispute settlement tribunal. Even some
46
Court of Arbitration for Sport: Media release 23 July 2012
47
Court of Arbitration for Sport:CAS 2012/A/2731 BOC & BTC & Márcio W. Ferreira v/ WTF & COM & FMT &
Damian A.Villa Valadez
32
sports which are included in the Olympics have their tribunals like football where its governing
body FIFA has its own tribunal. For example, in 1993, a claim of bringing Formula I into
disrepute was brought against former FI champion Alain Prost and the Williams Renault Team.
The matter was however, satisfactorily resolved by the FIA resulting in Prost escaping a possible
ban from competing in the remaining FI races of that particular season.
A dispute may be submitted to the CAS only if there is an arbitration agreement between the
parties which specifies recourse to the CAS. The language for the CAS is either French or
English. In principle, two types of dispute may be submitted to the CAS:48
1) Those of Commercial Nature, and

2) Those of Disciplinary nature
Commercial Nature: The first category essentially involves disputes relating to the execution of
contracts, such as those relating to sponsorship, the sale of television rights, the staging of sports
events, player transfers and relations between players or coaches and clubs and/or agents
(employment contracts and agency contracts). Disputes relating to civil liability issues also come
under this category (e.g. an accident to an athlete during a sports competition). These so-called
commercial disputes are handled by the CAS acting as a court of sole instance.
Disciplinary Nature: Disciplinary cases represent the second group of disputes submitted to the
CAS, of which a large number are doping-related. In addition to doping cases, the CAS is called
upon to rule on various disciplinary cases (violence on the field of play, abuse of a referee). Such
disciplinary cases are generally dealt with in the first instance by the competent sports
authorities, and subsequently become the subject of an appeal to the CAS, which then acts as a
court of last instance.
The CAS is governed by its own Statutes and Rules of Procedure namely the Statutes of the
Bodies Working for the Settlement of Sports Related Disputes, Code of Sports Related
Arbitration and Mediation Rules. According to Articles S12, S20, R27 and R47 of the Code, the
Appeals Arbitration Procedure is open for the appeal against every decision rendered by a
federation or club and not limited to disciplinary matters, especially doping cases. In addition,
Article R57 empowers the CAS Panels not only to annul a certain decision, but also to replace a
48
"Gibraltar have failed in their attempt to become a member of Uefa.". BBC Sport. Retrieved 25 June 2012.
33
decision by a decision by a decision of the arbitrators, or to refer the case back to the issuing
body. Moreover, Article R58 authorises the Panel to apply the ‘rule of law’ it deems most
appropriate for the case. Thus the Panels may deviate from the laws of the country in which the
federation is domiciled and reach a decision on the basis of laws of another country or other rules
of law, such as general principles of law.
The CAS acquires its jurisdiction in a particular case only through the mutual consent of the
parties involved. Currently, all Olympic International Federations and many National Olympic
Committees have recognised the jurisdiction of the CAS and included in their statutes an
arbitration clause referring disputes to it. The CAS hears approximately 200 cases per year.
While it was the international response to the rise in the use of performance-enhancing drugs and
the resulting doping cases that fueled the creation of the CAS, the Court is called upon to assist
in a wide range of sport conflicts, including sponsorship disputes, the eligibility of a particular
athlete in accordance with a sport's constitution, as well as the resolution of disagreements
concerning competition results. The determination of issues arising in doping cases remains a
significant portion of the CAS caseload.
CAS and Mediation 49
In addition to arbitration CAS also offers mediation services to any requesting parties of a sports
dispute. Unlike arbitration, the mediation process is not binding—the mediator will provide
recommendations, with solutions suggested, but these are not imposed as a result as in the case
of arbitration. Mediations are designed to permit the adverse parties an opportunity to air their
grievances in an atmosphere aimed at conciliation of the dispute.
Advantages for referring cases to CAS
 Expertise in sports-related disciplines (there are more than 300 arbitrators from 87
countries qualified to hear CAS disputes) whereas a typical civil judge will not likely
possess such sports-specific knowledge.
49
Semenza, Gregory M. Colón. Sport, Politics, and Literature in the English Renaissance. University of Delaware
Press/AUP, 2003.
34
 Its arbitrators are all high level jurists and it is generally held in high regard in the
international sports community.
 Procedure is flexible and informal.
 Expeditious proceeding as cases are heard and determined within a few months from the
date of reference. During the Olympics, awards are required to be made within 24 hours.
 Lower legal cost to the participants
 Also provides mediation services
 CAS is a private procedure and therefore is conducted without the public or media
interference. The arbitrators and CAS staff are obligated not to disclose any information
connected with the dispute.
Important CAS rulings
 In 2003, Canadian cross country skier Becky Scott successfully appealed to the CAS with
respect to her claim that she be awarded the 2002 Olympic Gold medal in the 5-km
pursuit event. Russian skiers Olga Danilova and Larissa Lazutina finished first and
second respectively in the competition, with Scott in third place, and each athlete passed
their post-event doping test. Danilova and Lazutina each failed a subsequent doping test
administered in relation to another Olympic cross-country event, when the presence of a
prohibited blood doping agent, darbepoetin, was detected in each skier's sample. Scott
appealed her 5-km race result on the basis that both Russian skiers were engaged in
ongoing doping practices. The Scott ruling was the first time in Olympic history that a
gold medal had been awarded to an athlete as a result of a CAS ruling.
 In 2005, the CAS arbitration panel ruled that American sprinter Tim Montgomery be
banned from international competition for two years as a result of doping, in spite of the
fact that Montgomery had never failed a doping test. The CAS ruled that it could find a
doping violation on the basis of the third party evidence called against Montgomery, most
of which connected Montgomery to the Bay Area Laboratory Cooperative (BALCO)
athlete steroid scandal that had arisen in the United States in 2003.
35
 In February 2010 Five-time Olympic speedskating champion Claudia Pechstein lost her
appeal against a two-year ban for blood doping. CAS dismissed the German’s appeal
against a ban imposed by the International Skating Union.50
Setting aside proceedings against CAS arbitral awards may only be filed with the Swiss Supreme
Court due to the seat of CAS tribunals being in Lausanne.
SPORTS LAW IN VARIOUS COUNTRIES
(a) United States of America
There is no single federal legislation for regulation of sports in US. The sports law US can be
roughly divided into:
 Amateur sports
 Professional sports
 International sports
Amateur Sports51
The concept of amateur sports includes athletic activities from high school athletics to
extensively organized intercollegiate or international competitions which are often organized and
managed by individual groups that establish rules for eligibility and competition, and courts are
often unwilling to interfere with the actions of these groups as long as their rules are reasonably
applied. The Amateur Sports Act of 1978 (36 U.S.C.A. § 391) created the Athletic Congress, a
national governing body for amateur athletes, which administers a trust fund that allows amateur
athletes to receive funds and sponsorship payments without losing their amateur status.
Professional Sports
The most important relationship in the area of professional sports is that between the individual
player and the team owner. This contractual relationship is governed by basic contract principles.
Most sports leagues now have a Standard Player's Contract which serves as a model employment
50
George, David, ed. Records of Early English Drama: Lancashire. University of Toronto Press, 1991
51
Craigie, James, ed. Minor Prose Works of James VI and James I. Scottish Text Society, 1982: 217-241
36
contract between players and owners. The model contract can be modified to accommodate the
special needs and talents of individual players. With the increase in salaries in professional
sports, most players are now represented by agents.
International Sports
The two major international sports competitions are the Olympics, sponsored by the International
Olympic Committee, and the World Cup, sponsored by FIFA. The United States chartered the
United States Olympic Committee ("USOC") in 1950. The USOC has charge over Olympic and
other related competitions (Pan Am games, etc.) to which the United States sends a team.
US Scenario Indian Scenario
Strategic division of various classes of sporting The general sports law lacks structure and
activities and the corresponding legal regime organization thus making it cumbresome for
governing them. the authorities to legislate key policies
including code of conducts, policies for
discipline, selection, harassment, conflict of
interests, recruitment and awards, etc.
There exist Model Player Contracts and Employee contract agreements do not ensure
Standard Employment Contracts covering all that all contractual agreement governs matters
necessary and ancilliary aspects of the sport. of intellectual property between employee and
employer.
(b) Australia
In Australia, the Australian Sports Commission Act, 1989 (“Act”) was enacted to establish the
Australian Sports Commission and for related purposes. The Australian Sports Commission
(“ASC”) is a statutory authority of the Australian Government that is governed by a board of
Commissioners appointed by the Minister for Sport. It is responsible for distributing funds and
providing strategic guidance for sporting activity in Australia. The ASC's roles and
responsibilities are prescribed in the Australian Sports Commission Act 1989. The ASC attempts
37
to promote an effective national sports system that offers improved participation in quality sports
by all Australians. The ASC works closely with a range of national sporting organizations, state
and local governments, schools and community organizations to ensure sport is well run and
accessible. ASC implements national sports policy principally through three divisions, the
Australian Institute of Sport, Community Sport and Sport Performance and Development. 52
Australian Institute of Sport (AIS)
The Australian Institute of Sport (AIS) is the best-known division of the ASC. The AIS offers
more than 700 scholarships to talented junior and senior athletes across 35 programs in 26
different sports. The institute also offers athletes access to expert coaching, world-leading sports
science and sports medicine services, state-of-the-art sports facilities, and opportunities for
travel, work and study.53
Australian Sports Foundation
Australian Sports Foundation for the purpose of raising money for the development of sports in
Australia
Sport Performance and Development
The Sport Performance and Development division supports the improvement of Australian sport
from the grassroots to high performance level, by providing national sporting organizations with
access to advice and resources, including funding policy development advice and management
models, education, emerging information technologies and evaluation frameworks.
Australian Scenario Indian Scenario
The legal regime ensures easy accessability of Lack of provision of universal access to sports
sports among all classes across all age groups and physical education for all classes of
citizens, in all segments of society and across
52
R. Scott Kretchmar (November 1996). "Chapter Six: Philosophy of Sport". In Massengale, John D.; Swanson,
Richard A. The History of Exercise and Sport Science. Human Kinetics Publishers. p. 181. ISBN 0873225244.
53
http://www.heacademy.ac.uk/assets/hlst/documents/resources/philosophy_ethics_sport.pdf
38
and economic barriers are broken. all age groups.
The law provides national sporting No promotion or framework or mandatory

organizations with access to advice and policies regarding physical well-being or
resources, including funding policy recreation and personal or community
development advice and management models, development.
education, emerging information technologies
and evaluation frameworks.
(c) South Africa
In South Africa, the South African Sports Commission Act, 1998 (“Act”) was enacted to provide
for the establishment of the South African Sports Commission with regard to sports
administration and development as well as the enhancement of recreation and provide for matters
connected therewith.54
Activities of South African Sports Commission:
 Advise the Minister regarding sports and recreation matters.

 Support talent identification and promote participation in sports and recreation at all
levels.
 Facilitate and ensure an adequate allocation of funds to national and provincial sports
organizations.
 Monitor and take measures to ensure the proper use of funds allocated by the
Commission to sports organisations as well as recreational organisations in the republic. 55
 Foster co-operation in sport between South Africa and other countries
 Promote and in sport and recreation in rural areas etc.56
54
Reid, Heather (September 2012). Introduction to the Philosophy of Sport (Elements of philosophy). Rowman &
Littlefield Publishers. ISBN 0742570622.
55
Govett, L. A. The King’s Book of Sports: A History of the Declarations of King James I. and King Charles I. as to
the Use of Lawful Sports on Sundays. London, 1890.
56
"Information for Prospective Members of Marquette Sports Law Review". Scholarship.law.marquette.edu.
Retrieved 2013-09-05.
39
National Sports and Recreation Act, 1998 (“Act”) was enacted to provide for the promotion and
development of sport and recreation, and the co-ordination of the relationships between the
Sports Commission, national and recreation federations and other agencies; to provide for
dispute resolution mechanisms in sport and recreation; to empower the Minister to make
regulations etc.
South African Scenario Indian Scenario
Well defined structures for speedy resolution The law hasn’t developed enough to deal with
of disputes among players and between players intricate alteractions such as case of
and authorities. defamation and intentional torts.
Effective legal bodies to ensure adequate No clarity in the allocation of budgets.

allocation of funds to national and provincial
sports organizations.
(d) United Kingdom57
Established by Royal Charter in 1996, UK Sport, a government body, works in partnership with
the home country sports councils and other agencies for the promotion of sports in the UK. There
is no charter or legislation for regulation of sports in India. UK Sport is responsible for managing
and distributing public investment and is a statutory distributor of funds raised by the National
Lottery. It is accountable to Parliament through the Department for Culture, Media and Sport.
UK Sport is funded by, and responsible to, the Department for Culture, Media and Sport. The
enormous network of sports clubs throughout the UK are administered through their own
National Governing Bodies (NGBs) of sport. These NGBs form the focal point for their sport,
providing the link between recreation and development, training and competition as well as
facility and policy development. Overall, the structure of sport in the UK, although complex,
57
Tait, James. “The Declaration of Sports for Lancashire.” English Historical Review 32 (1917): 561-568.
40
caters for the needs of sport at every level - from grass roots development and recreational sport
through to the best sportsmen and women representing the UK on the world stage.
U.K. Scenario Indian Scenario
Adequate laws to deal with issues of sexual Pressing need for review and development of
harassment resulting strict punishment. the laws and policies for the harassment of the
fairer sex in sports.
There are well-calibrated policies for holding Dearth of well-defined policies for hosting
major sporting events. such events.
(e) China58
In China there is a national legislation on sports known as the Law of the People’s Republic of
China on Physical Culture and Sports, 1995 (“Act”) which aims at promotion and development
of physical culture and sports in China. This Act regulates sports right from the school level by
empowering the Department of Education Administration of China. The Act provides for
implementation of the National Physical Training Qualification Standards for the students to take
part in sports activities every day at school. The Act provides for a dispute resolution body by
establishing sports arbitration institutions by the State Council. This Act makes it mandatory on
the State to include sports expenditure and funds for sports capital construction in financial
budgets and plans for capital construction investment.
Chinese Scenario Indian Scenario
Strict policies regarding corruption and Lack of check on corruption and no comptent
transperancy in fiscal and budgetary authority to ensure accountability in conduct
58
Parker, Kenneth. The English Sabbath: A Study of Doctrine and Discipline from the Reformation to the Civil
War. Cambridge University Press, 1988
41
allocations. and monetary deals of the government bodies
and other agencies involved in managing
sports.
Drug use and connected matters are dealt with Drug testing, list of banned drugs, penalties,
severly penalization. privacy issues and right to appeal are not
clearly stated by the nodal agency concerned.
42
Suggestions
The need of the hour is to have a centralised sports law that governs all the sports federations
operating in the country. This is only possible if the parliament is endowed with power to frame
laws on that subject. Currently, sports as a legislative entry features in List II of Schedule 7.
Therefore, states have the sole prerogative to make laws on the subject. Art.249 and 250 of the
constitution provide the power to parliament to make laws on the subjects enumerated in the
state list in cases of them being declared of national interest by the legislature of the state or
national emergency. Since this does not provide an over-all long term solution to the problem at
hand, it is advised that the subject should be made a part of concurrent list so that both the central
as well as state legislature have the power to make laws on the subject.
Proposed forward are certain suggestions for the development of law in the area:
1) Rules of Ethics-
The Law should establish and promote rules of ethics and spirit of sportsmanship among
competitors and the bodies involved in decision making. This will enhance the morale of the
players by improving contractual dynamics among them and the administrative bodies.
A proper set of rules specifying code of conduct to be followed by the sportsmen should be
incorporated as law. Such rule of conduct must also be backed by a proper implementation
authority. A disciplinary authority must also be brought into the framework. It shall be
responsible for adjudicating disputes arising between various role-players that is sports men,
administrative bodies etc. in order to maintain orderly environment.
In order to incorporate such a code of conduct, a reference to The All India Services
(Conduct) Rules, 1968 can be made. Following rules of the above code may be incorporated
in the Code of Conduct for Sports Person:
a) Maintenance of absolute devotion and integrity towards one’s duty, to act in a courteous
manner, to do nothing which is unbecoming of a member of service.59
59
Rule 3 of the All India Services (Conduct) Rules, 1968.
43
b) No member shall be a member of, or be otherwise associated with, any political party or
any organization which takes part in politics, nor shall he take part in, or subscribe in aid
of, or assist in any other manner, any political movement or political activity. 60
c) No member shall communicate directly or indirectly any official document or part thereof
or information to any person to whom he is not authorised to communicate such
document or information.61
2) Framing of Proper Contracts
Contracts must clarify expectations and commitments from the players and agents. The
contracts should clearly specify the following:
a) Involvement of the player in particular competitive events
b) Duration of time expected of him to be devoted to the event.
c) Remuneration to be provided to the player.
d) Dealings and contacts with other outside agencies.
3) Consultancy Services
Consultancy services must be provided to the sports bodies and players. Co-ordination of the
legal fraternity and the sporting community is a prerequisite for such a healthy interaction.
Such consultancy services have been prevalent in developed countries like UK and USA.
Legal members specialising in the field of sports specially have been helping the players to
resolve their legal matters amicably. Not only does this result in peaceful settlement of
disputes but also leads to players devoting their utmost dedication towards the sports.
Certain matters on which such services could be provided are:
a) Sponsorship, endorsements and commercial partnerships.
b) Event bidding and hosting.
c) Media rights.
d) Regulatory and disciplinary matters.
e) Event participation.
f) Brand protection.
4) Non-political Experienced Sports Person as Chairman
60
61
44
National identity and the spirit of representing India must supersede political decisions. It
would be highly advisable to include a former player of a game at the helm of affairs rather
than a mere administrator or politician with vested interests. Here are various Boards and
Associations developed at state level as well as national level for different sports. These
Bards and Associations are usually headed by political leaders, for instance, Madhya Pradesh
Cricket Association is headed by Jyotiraditya Scindia. It would be better if such offices are
held by the persons who are experienced in the concerned sport, so that they can make
experience based decisions, which would lead to over all improvement in sports
5) Corruption
Pursuit of excellence and participation in sports is one the purest of human activities.
Unfortunately, corruption is seriously undermining the purity of sports through a wide array
of activities such as match fixing, spot fixing, gambling, performance enhancing drugs and
betting. The enormity of the challenge is growing by the day. Self-regulation by sports bodies
does not appear to have had a satisfactory impact. The time has come for India to examine
the need for a specific law and a 360 degree vision to deal with the problem while protecting
the essence of sports and sportsmanship. Therefore there is a need to make laws which check
corruption. Tenure caps and age restriction on office bearers of federation must be brought
in. Denial of essential facilities and exclusionary policies that are intentional for a player or a
rival organization should result in the termination of the services of the administrator
concerned. Misuse of authority must be severely dealt with.
6) Competition Issues
Salary caps on players and teams should be brought in. Practices that create a barrier for new
entrants, draw out the existing players and lead to the foreclosure of a competition must not
be tolerated. It is suggested that an autonomous body be set up to look into complaints of
stifling competition in sports. This body must have elected members, who have a fixed, non-
extendable tenure. The members of the body must have a fixed salary and tenure to ensure
the autonomy of the body. The body must also have the power to punish for any wrong
doing. A mechanism for the enforcement of the punishment given by said body must also be
formulated.
Reference may be made to the Competition Act, 2002 which deals with prevention of
practices having adverse effect on competition and promotes a healthy competition in the
45
market. It provides for an elaborate framework of authorities namely Director General,
Competition Commission and Competition appellate Tribunal who look into the complaints
of unhealthy practices being followed by market players and adjudicate accordingly. Similar,
though a less elaborate framework may be incorporated under the regime of sports law in
order to deal with specific competition matters.
7) Women Players
A greater sensitivity and legal support must be provided for women players. Perpetrators of
harassment and discrimination should be severely punished. Guidelines against harassment
and undue discrimination of women sportspersons must be formulated and religiously
implemented. It is also suggested that a legal aid cell be established to aid women
sportspersons.
The Sexual Harassment of Women at Workplace Act, 2003 has been formulated by the
parliament to deal with cases of harassment of women in the work premises. It is suggested
that a law on similar lines may be developed in order to combat such a menace in the area of
sports. So also, till the time such a law is brought into picture, a set of guidelines and a
complaint mechanism may be set by the various national sports federations in order to look
into such cases.
8) Research
Research of excellent quality must be encouraged in the area of sports through continuing
education. It is suggested that research fellowships may be awarded for academic research in
the field of sports. These may be both short and long fellowships, with an option of extension
of tenure. It is further suggested that specialised research facilities must be set up for this
purpose. Institutions must be established which impart training in sport equipment design and
manufacturing. Sports equipment designed and manufactured in the country should be
promoted and incentivised.
46
Conclusion
With the largest youth population in the world and one of the fastest developing economies,
India has witnessed progressive growth in its sports industry in the past few years. Global events
like Commonwealth Games, thriving new infrastructure and large fan following for diverse
sports is making India a major sports destination. From a mere source of entertainment and
personal recreation, Sports has grown into a highly competitive industry with global
pervasiveness. The emergent interaction between sports and law has shaped a new need for a
greater understanding of how the law relates to the sporting world.
The area of sports law is relatively new and at the nascent stage of conception in our country.
Nevertheless, it is an area of study that is worthy of definition and in depth academic inquiry and
practice. India needs expert sports law consultants to meet an amalgam of diverse legal
disciplines such as sports law and policy, contract, tort, taxation, labour, competition, TV rights,
match fixing and related criminal laws. In author’s opinion legal practitioners and sports persons
must come together to understand, advance, promote and ethically practice sports law in India.
Research must be undertaken to promote, encourage and support the law fraternity.
47
References
WEB SOURCES
 Emerging Sports Law in India (http://raijmr.com/wp-content/uploads/2014/02/5_19-21-

Lakshmanbhai-V.-Gol-et-al..pdf)
 Governance of Sports in India
(http://tejas.iimb.ac.in/articles/Tejas_September%20Edition_Article%201.pdf)
 Emergence of Sports Law in India
(http://indialawjournal.com/volume3/issue_2/article_by_Gaurang.html)
 Emerging Sports Law in India (http://lawquestinternational.com/emerging-sports-law-
india)
 The New Development in International Sports Law and CAS Jurisprudence
(https://www.staffs.ac.uk/assets/souvenir_rkjain_sports_law_seminar_tcm44-37015.pdf)
 Gender Discrimination in Sports, Sandeep Dasika, Youth kiAwaaz,
(http://www.youthkiawaaz.com/2011/07/gender-discrimination-in-sports)
 Ministry of Youth Affairs & Sports, Govt. of India, (http://yas.nic.in/index.asp?layid=2)
 Sports Authority of India, (http://sportsauthorityofindia.nic.in/index.asp)
 Sports Law and Welfare Association of India, (http://www.sportslawindia.info)
 Sports Policy, 2001, (http://www.napess.org/sportsPolicy-2001.php)
 Draft Comprehensive Sports Policy, 2007,
(http://yas.nic.in/sites/default/files/File371.pdf)
 The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
(http://www.mib.nic.in/WriteReadData/documents/sbs4.pdf)
(All these sites have last been accessed on April 1st, 2016)
BOOKS
 Rottenburg, Simon, Journal of Political Economy, 1956
48
 Richard H. McLaren, Twenty-Five Years of the Court of Arbitration for Sport: A Look in
the Rear-View Mirror, 20 Marq. Sports L. Rev. 305
 Court of Arbitration for Sport: Media release 23 July 2012
 Semenza, Gregory M. Colón. Sport, Politics, and Literature in the English Renaissance.
University of Delaware Press/AUP, 2003.
 Craigie, James, ed. Minor Prose Works of James VI and James I. Scottish Text Society,
1982: 217-241
 R. Scott Kretchmar (November 1996). "Chapter Six: Philosophy of Sport". In
Massengale, John D.; Swanson, Richard A. The History of Exercise and Sport Science.
Human Kinetics Publishers. p. 181. ISBN 0873225244.
 Reid, Heather (September 2012). Introduction to the Philosophy of Sport (Elements of
philosophy). Rowman & Littlefield Publishers. ISBN 0742570622.
 Govett, L. A. The King’s Book of Sports: A History of the Declarations of King James I.
and King Charles I. as to the Use of Lawful Sports on Sundays. London, 1890.
 Tait, James. “The Declaration of Sports for Lancashire.” English Historical Review 32
(1917): 561-568.
 Parker, Kenneth. The English Sabbath: A Study of Doctrine and Discipline from the
Reformation to the Civil War. Cambridge University Press, 1988
 Justice Mukul Mudgal (Retd.), 2010, ‘Law and Sports in India: Developmental Issues
and Challenges’
49

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National Law Institute University

Sports Law Seminar Project

Submitted to: Submitted by:

Mr. Siddhartha Jain Shiuli Bhattacharya (2011 BA.LLB. 01)

Guest Faculty Shreyasi Srivastava (2011 BA.LLB. 07)

Sakshi Soreng (2011 BA.LLB. 32)

Navishta Qureshi (2011 BA.LLB. 40)

Ansh Singh Luthra (2011 BA.LLB. 58)

Need for Sports Laws ............................................................................................................................ 4

The History of Sports ............................................................................................................................ 9

Sports Law in India .................................................................................................................................... 11

History of Sports ................................................................................................................................. 11

How are Sports conducted. ................................................................................................................ 11

Current Model of Sports Governance in India ................................................................................... 14

Sports Development Bills ........................................................................................................................... 23

Draft National (Development) Bill, 2011 ............................................................................................ 24

Draft National (Development) Bill, 2013 ............................................................................................ 29

Sports and the International Scenario....................................................................................................... 31

Sports Law and Arbitration ................................................................................................................. 31

Sports Laws in Various Countries........................................................................................................ 36

NEED FOR SPORTS LAWS

THE HISTORY OF SPORTS

7 Indian Olympic Association Vs Veeresh Malik and Ors MANU/DE/0108/2010

HOW ARE SPORTS CONDUCTED?9

CURRENT MODEL OF SPORTS GOVERNANCE IN INDIA

1) Sports Authority of India

Sports Authority of India15

The major aims and objectives of SAI are:

 Talent scouting at micro level & nurturing talent towards excellence

Sports Law and Welfare Association of India16

National Sports Policies

The major objectives of the current policy are:

1) Sports for All:

The Sports Broadcasting Law20

1) Indian Olympic Association Vs Veeresh Malik and Ors23

2) Indian Olympic Association v. Union of India25

Key Tenets of the 2011 Draft

The salient feature s of the bill are as follows:

1) Basic Universal Principles of Good Governance

2) National Sports Development Council

4) Regulation of the IOA

5) Recognition of National Sports Federations

6) Age and Tenure Restrictions

7) Eligibility of Athletes to Represent India

1) The lack of international precedents.

Court of Arbitration for Sports46

1) Those of Commercial Nature, and

CAS and Mediation 49

Advantages for referring cases to CAS

 Procedure is flexible and informal.

 Lower legal cost to the participants

 Also provides mediation services

Important CAS rulings

SPORTS LAW IN VARIOUS COUNTRIES

(a) United States of America

US Scenario Indian Scenario

Australian Institute of Sport (AIS)

Australian Sports Foundation

Sport Performance and Development

Australian Scenario Indian Scenario

The law provides national sporting No promotion or framework or mandatory

(c) South Africa

Activities of South African Sports Commission: