Sports Policy in India

ANALYSIS: WITH REFERENCE TO SPORTS

LAW

By: Arshit Anand1

Under the guidance of:
Adv. Diwakar Maheshwari
Khaitan & Company
New Delhi

1
4th Year, Amity Law School, Noida
Amity University, Uttar Pradesh
Intern; Khaitan & Compay, New Delhi
May-June 2014
Table of Index:

 Preface

 Sports Law in India

 Sports Policy in Major Games

 Conclusion/ Suggestions

 Bibliography

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Preface
India has been a world leader in it’s cultural, social and sports heritage. It has always set an
example for the world in its diversified cultural and sports heritage. It gave eminent players in
various fields of sports who gave their landmark contribution in the field of sports. From
winning of three Olympic gold medal by Major Dhyan Chand to the winning of world cup by
Indian Cricket Team at Lords and again in 2011, Indian sportsmen have always fled the
Indian flag high. Milkha Singh (the flying sikh) and Sachin Ramesh Tendulkar have always
been a role model for the new young generation. The first Bharat Ratna in the field of sports
was given to the living legend Sachin Ramesh Tendulkar. The glory of Indian sports has
outshined India in the world to its proximity. Sports in India have been one such field, where
it has seen horizon as well as obstructions. Indian sports has been regulated and monitored by
Government of India through autonomous sports federations, who indeed have monopolistic
nature and character in their respective sports field. It is not that Indian Sports has been free
from encumbrances and blemishes. The issue of accountability and transparency of these
National Sports Federations has been put to test in public domain. The laws governing sports
in India was not introduced for a longer time. There has been public scrutiny over the
functioning of the sports club, who conduct sports event in India. These sports club have
managed well in gaining “elite club” status in the field of sports. The domination of sports
club by business giants and politicians has been a cause of grave concern. The benefits,
grants and recognition which the sports bodies receive at large scale from the Government are
incredible. However, when it comes to transparency and accountability, these sport bodies
resist against any scrutiny. Sports in India have been one such cornerstone of law which
remains disputed with unsettled position. The ongoing litigation and legal battles in various
fields of sports has forced judiciary to step in and umpire the field. The Introduction of Indian
Premier League brought great expectation and hope by public at large. However, the recent
spot-fixing and betting scams blanketed the entire tournament with controversy and
criticisms. Similarly the Commonwealth Games organised by India in 2010 positioned it
with the black mark of corruption and scams. The public prosecution of organisers of the
game with the charge of corruption brought down the image of Indian sports at the global
stage. As fallout, Indian Olympic Association was banned by International Olympics
Committee and was asked to conduct free and fair elections in order to retain its membership.
The conflict between the sports bodies and players has been another cause for decline of
sports spirit in India. The current condition of players both at national and state level has been
yet another factor for the decline in quality oriented sports in India.

This research paper deals with the critical issues in relation to sports and the scope of reform
for the same. It throws light on the state of affairs of sports and finds the reasons for the
same. It suggests the key sports reforms for the revival of the glory of sports in India. The
audacity of hope shall still not dusk till the dawn of change takes over the might.

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Sports Law in India

The Constitution of India reflects the power of making laws relating to sports both by the
Parliament and the State Legislatures. 2 However, there is no such major legislative enactment
to regulate the field of sports in India. Ministry of Sports and Youth Affairs has been framing
and issuing comprehensive guidelines known as “National Sports Development Code of
India” in the past in 1975, 1988, 1997 and 2001 in pursuance of successive National Sports
Policies. These sports code are published in Gazette of India so that all National Sports
Federations can follow it. Among States, various states like Rajasthan, Uttar Pradesh,
Himachal Pradesh, Haryana have exercised legislative power in their respective jurisdiction
and have enacted laws on regulating sports activity including registration, regulation and
recognition of Sports Associations (Uttar Pradesh has since repealed the Act). 3

Post 2001 guidelines several major initiatives have been taken by the Government, which
include declaration of National Sports Federations (NSFs) availing of government grant as a
public authorities under the Right to Information Act, 2005; implementation of age and
tenure limit in respect of office bearers of NSFs; notification and implementation of NADA
Anti-Doping Rules; introduction of guidelines for prevention of age fraud in sports, and
guidelines for holding fair and transparent elections to NSFs. These guidelines are aimed at
promoting good governance among NSFs as a means to strengthening their autonomy for
discharging their functions and duties in accordance with the Olympic Charter and the basic
principles and rules that govern the Olympic movement, and in the interest of sports
development at large and the athletes’ welfare in particular. It is noted with satisfaction that a
large number of federations have already adopted or communicated their intent to adopt the
good governance principles communicated by the Government from time to time. These
include federations responsible for major sports disciplines such as Athletics, Badminton,
Boxing, Golf, Hockey, Gymnastics, Rowing, Shooting, Tennis, Volleyball, Weightlifting and
Yachting.

With the compilation of all existing instructions in the form of a single document, National
Sports Development Code -20114 was formulated to enable better compliance with the basic
universal principles of good governance in sports, which would, in turn promote a strong
sporting culture and sports excellence in the country. The Right to Information Act, 2005 has
been another legislation enabling access to information about functioning of National Sports
Federations receiving grants from Central Government. 5

2
(Entry-33) Concurrent List- III of Schedule-VII, Constitution of India.
3
Uttar Pradesh (Registration, Recognition and Regulation of Association) (Repeal) Act, 2007
4
National Sports Development Code of India-2011 (Ministry of Sports and Youth Affairs, Govt. of India)
5
Press Information Bureau Release: 69503 (Ministry of Sports and Youth Affairs).
Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Sports Policy in Major Games

Indian Hockey:
Hockey is the national sports of India. It is a sport which has given legendry player Major.
Dhyan Chand. He won 3 Olympic gold medals for the country. Once the pride of Indian
sports has sadly lost its value and become unpopular in the country. Unlike Cricket, the
standard of Indian Hockey has fallen apart. The controversy between Indian Hockey
Federation (IHF) and Federation of Indian Hockey (FIH) controversy is well known which
pulled down the quality of hockey in Indian sports. Though FIH is only recognised and sole
governing body for Hockey in India, the dispute between the two federations raised serious
concerns over the future of Hockey in India. It is the Delhi High Court 6 and Ministry of
Sports and Youth Affairs which intervened to prevent further downfall of Hockey in India.
There is no doubt that Hockey has lost its prestige and is no more the same as used to be in
Major. Dhyan Chand era. The internal politics of the federation downgraded the conditions
of Hockey players in India. The core reason behind the Hockey mess was lack of governance
and regulation. There has been a vacuum of leadership in the Hockey federation. The only
solution is to overhaul the entire federation with public accountability.

Commonwealth Games 2010:

India hosted the historic games of Commonwealth nations in October 2010. A total of 6,081
athletes from 71 Commonwealth nations and dependencies competed in 21 sports and 272
events, making it the largest Commonwealth Games to date. It was also the largest
international multi-sport event to be staged in Delhi and India, eclipsing the Asian
Games in 1951 and 1982. Though India managed to host the Games well, the games raised
serious question marks on its capability and efficiency. The charges of corruption,
overestimated economic budget, infrastructure compromise, delayed arrangements
overshadowed the entire games. Even then Prime Minister Dr. Manmohan Singh personally
visited the games venue to expedite the preparation process. The prosecution of games
organisers for involvement in corruption brought black days of Indian Sports. There was clear
lack of administrative efficiency and coordination among the national sports federations. As a
result, International Olympic Committee had to ban India from Olympics following non-
fulfilment of obligations under the Olympic charter. Indian sports were shamed at the
International sports forum. There was no proper authority, law or regulation specifically to
govern sports in India which further dampened the idea of Indian sports. The manner in
which events unfolded, it certainly led to shattering of Indian dream to host International
Olympics. It is unfortunate that Indian Olympics Association is mostly busy in court
proceedings and litigation than doing constructive development for sports in India. 7

6
Narinder Batra vs. Union of India (2009)ILR 4 Delhi 280
7
M.P. Triathlon Association through its Secretary and Anr. Vs. Indian Triathlon Federation; (1996)11SCC593
Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Board for Control of Cricket in India (BCCI):

BCCI is a private body that claims and actually acts as the controlling authority for the game
of Cricket in India. Its Memorandum of Association 8 declares its objects, inter alia, are to
control the game of Cricket in India and to resolve disputes and give decision on matters
referred to it by any State, Regional or other Association, to promote the game, to frame the
laws of cricket in India, to select the teams to represent India in Test Matches and others, and
to appoint India's representatives to the International Cricket Conference and other
conferences / seminars, connected with the game of cricket. The leverage and legal status
which BCCI enjoys of being a private body has been granted to it by the apex court of the
country in the case of Zee Telefilms vs. Union of India. 9 On the behest of this landmark
judgement, it has always avoided public scrutiny and accountability. There are multiple cases
of RTI pending before the board and the Chief Information Commissioner. Given the fact it
performs “public function” at a large scale, the cricket board’s engagements and activities,
financial transactions, public accountability, transparency of decision making goes
unchecked. Ironically, the Board has always resisted against any scrutiny and audit of its
accounts citing that it is a “private body”. If we consider the dissenting opinion of Justice S.
B. Sinha and Justice. S.N. Variava 10; they held BCCI accountable under the “public function
test”. It discussed public functions performed by BCCI and it was observed by the Minority
Bench that a body discharging public functions and exercising monopoly power would be an
authority under Article 12. BCCI exercises functions like controlling and regulating the game
of cricket. It has final say in the matters of selection and disqualification of players, umpires
and others connected with the game touching their right to freedom of speech and occupation.
It makes law on the subject which is essentially a state function in terms of (Entry 33) List-III
of the Seventh Schedule11 to the Constitution; 12 it thus acquires status of monopoly. 13 BCCI
has framed rules and regulations in exercise of its powers under the Memorandum of
Association. It exercises powers and duties of the BCCI are referred to in Rule 9, which
include to arrange, control and regulate visits of foreign cricket teams to India and visits of
Indian teams to foreign countries, to permit under conditions laid down by the Board or
refuse to permit any visit by a team of players to a foreign country or to India, to frame the
laws of Cricket in India, and to make alteration, amendment or addition to the laws of Cricket
in India whenever desirable or necessary, to take disciplinary action against a player or a
Member of Board etc. It must also be noted that with the coming of IPL the powers of BCCI
has extended by leaps and bounds. As held in Secretary, Ministry of Information &
Broadcasting, Government of India and Others v. Cricket association of Bengal and Others;
the game of cricket involves the right of the telecaster and that of the viewers. The right to

8
Surinder Barmi vs. Board of Control for Cricket in India (Competition Commission of India; Case no: 61/2010)
9
Zee Telefilms vs. Union of India (2005) 4 SCC 649
10
Supra 5
11
Supra 1
12
Supra 5; Para 173
13
Supra 5 Para 227 and 229

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
telecast sporting event will therefore also include the right to educate and inform the present
and the prospective sportsmen interested in the particular game and also to inform and
entertain the lovers of the game.) It is the sole body which regulates television and
broadcasting rights which also involves the rights of the viewers to witness the match on
television and other visual media. 14. It has powers relating to awarding of franchises,
endorsements, distribution of prize money, selection of players, their disqualification etc.
BCCI thus enjoys unbridled monopoly power. But it is not bound by any effective provisions
of law or regulations or control by the government also it is not bound to act fairly and
reasonably within the meaning of Article 14 of the Constitution. According to minority view
performance of a public function in the context of constitution would be to allow an entity to
perform as an authority under Article 12 which makes it subject to constitutional discipline of
fundamental rights. No rules are made except to act fairly or reasonably. 15

 Indian Premier League and Controversies:

The Indian Premier League is no stranger to controversy. But on May 16 it met arguably its
biggest crisis when Delhi Police arrested three Rajasthan Royals players - Sreesanth, Ajit
Chandila and Ankeet Chavan - soon after their match in Mumbai for spot-fixing. Eleven
bookies were also arrested at that time, including one - Amit Singh - who was a former
Royals player. Royals later suspended their players and the BCCI set up an inquiry, headed
by its ACSU chief Ravi Sawani, into the allegations. The board also announced enhanced
anti-corruption measures, including two more security personnel with each team. The arrests
kicked off a nation-wide search and arrest of bookmakers - betting is illegal in India. One of
those picked up in Mumbai was a small-time actor, Virender "Vindoo" Dara Singh, arrested
on charges of links with bookmakers. His testimony led the police to arrest, on May 24,
Meiyappan Gurunath, a top official of Chennai Super Kings and son-in-law of BCCI
president N Srinivasan. Delhi Police eventually chargesheeted the players, among 39 persons,
under sections of the Indian Penal Code and the Maharashtra Control of Organised Crime Act
(MCOCA).BCCI formed a probe panel and handed out life bans to Sreesanth and Chavan
after Sawani's probe found them guilty of fixing.16 However, the boards own formed probe
panel investigating the allegations of betting and spot-fixing in IPL season six gave a clean
chit to the former President of BCCI, N Srinivasan, and Rajasthan Royals co-owner Raj
Kundra in the betting and fixing scandal.

In July 2013, The Bombay High Court declared the probe panel as "illegal and
unconstitutional". The court questioned the probe panel report which gave clean chit to Board
President N Srinivasan's Chennai Super Kings, his son-in-law Gurunath Meiyappan.
Rejecting BCCI's contention that it could not be taken to court on an IPL-related issue, the
HC bench said the issue was within the court's jurisdiction and in the "larger public interest"

14
(1995) 2 SCC 161
15
Supra Note 5 Para 137 ; Ramana Dayaram Shetty v. International Airport Authority (1979) 3 SCC 499 at 503.
16
ESPN News Report; http://www.espncricinfo.com/indian-premier-league-2013/content/story/636375.html
Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
and that the cricket board was "answerable". It also refused to grant the BCCI a stay on its
order.

Mukul Mudgal Committee:

In October 2013 on an appeal filed by BCCI, Supreme Court of India appointed a one
member committee headed by Justice (Retd.) Mukul Mudgal to probe allegations of betting
and spot fixing in the Indian Premier League (IPL). Justice Mudgal submitted his report to
the Supreme Court in February 2014. The details of the report have not been made public. 17
In March Supreme Court of India told N. Srinivasan to step down from his position on his
own as BCCI president in order to ensure a fair investigation into the betting and spot-fixing
charges levied against his son-in-law Gurunath Meiyappan who was Team Principal
of Chennai Super Kings, else it would pass verdict asking him to step down. The Apex court
observed; “it’s nauseating that N.Srinivasan continued as BCCI chief”.18
* The matter is still sub-judice before the Honourable Supreme Court of India.

Opinion: It is a hard reality that post Zee Telefilms judgement in year 2005; Board for
Control of Cricket in India (BCCI) still lacks transparency and accountability. There were
several attempts made by Union Ministry of Sports and Youth Affairs to bring BCCI under
the ambit of Right to Information Act, 2005. The nodal sports ministry made deliberations to
bring sports bill to hold BCCI accountable. However due to strong resistance and exercise of
influence by the board management in the Manmohan Singh Govt., the efforts made by the
Ministry was shot down. The board has been constantly avoiding itself from public
accountability and scrutiny claiming it to be a private body. The board certainly needs to
answer various questions about it functioning as it has raised serious doubts in the public
domain. How can a body performing public function at large, has monopolistic character,
direct nexus with the public interest, receives minimal tax grants, security for events still not
be held accountable. The argument of being a “private body” is inconsistent with its
exclusive nature of functions. The board is considered to be one of the most richest and
influential cricket bodies in the International Cricket Council (ICC). It performs functions
which are sovereign in nature and has de-facto recognition from the Government. If other
sports bodies like Indian Hockey Federation, Indian Golf Federation, and Indian Olympic
Association etc have been compelled to comply with “Nation Sports Development Code-
2011” then why BCCI should be given elite exclusive treatment. The IPL brand has indeed
has expanded the clout of the cricket board in Indian sports. The recent spot fixing and
betting controversies reminds us that the time has come when the Government of India must
exercise its power and formulate a uniform sports law for the whole of India. The Ministry of
Sports and Youth Affairs must be vested with powers to control and regulate sports in India.
Also it must have power to intervene in cases of abuse of power, fraud and corruption. It is in
national interest that the sports bodies/federations propound the rule of equity and fair play.

17
BCCI vs. Bihar Cricket Association. *Sub-judice before Honorable Supreme Court of India.
18
http://www.thehindubusinessline.com/news/apex-court-n-srinivasan-must-step-down-for-fair-probe-into-ipl-
case/article5829585.ecef

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Conclusion/Suggestions
There is always an opportunity in times of crisis. All it requires is the will and
leadership. In this debate of reforms, we must not forget that our biggest national asset
is that we have the youngest population in the world. Sports are one such field which
must be reformed and tallied with the younger generation. There is a huge scope for
bringing sports in the mainstream field. This is where Law can play a crucial role for
promotion and welfare of Sports in India. Just like there has been a long debate for a
law on Uniform Civil Code, similarly the Parliament must debate and enact a uniform
sports law to bring all sports, games and any other related or incidental matters under
one umbrella. This uniform law can make sports federations representing India
transparent, accountable and be subject to public scrutiny. There is an urgent need for
establishment National Sports Authority which acts as a regulator and coordinator in
the field of sports. It is often noted that when sportsmen retire from their career, they
become celebrities and ribbon cutting personalities. It is time their experience and
knowledge must be honoured and utilised constructively by the nation. Therefore, the
members of the sports authority should consist of these sportsmen. Their contribution
of their knowledge and experience will only help in development of sports in the
country.

The BRICS nation i.e. Brazil, Russia, India, China and South Africa also known
drivers of Economy in the world have had the privilege of hosting International
Olympics. South Africa is a giant contender for 2024 International Olympics.
However India remains an exception as the social, political and economic scenario
left it behind the race. The Commonwealth Games fiasco has been a perfect
experience which brought down the image of India at the world stage. Law can
become a medium in achieving the dream of hosting International Olympics. As
stated earlier, the reforms through legislative process will bring transparency and
fasten the growth of sports culture. The sports law can bring the sports industry in
economic mainstream. It can generate employment and also create platforms for
sports training with International standards. Foreign Direct Investment should be
promoted in the field of sports.

Talking about the constitutional aspects, the goals enshrined in the preamble,
fundamental rights and directive principles of state policy can be achieved by
adopting principle of equality, just and fair play. There has been a change in power at
the centre. A new Government has taken over. It can bring reformative changes by
correlating Law with Sports. There is enormous scope for inculcating sports culture in
schools and educational institution. “National Sports Policy” should be formulated to
thrive culture of sports in India. Health and Fitness of younger generation should be
given preference. There should be a concept of “marks for sports” in educational
institutions to encourage our future generations. We can be a world leader in sports by
preparing our future today for tomorrow.

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014
 Bibliography:

 Sources:

 Newspaper Articles:

 "BCCI suspends Rajasthan Royals' Sreesanth, 2 others after arrest for spot-
fixing". Mumbai: Hindustan Times. 16 May 2013.
 SC asks Srinivasan to step down as BCCI chief". The Hindu. 25 March 2014.
 "India tries to put modern face forward for Games". The Express Tribune. 27
September 2010.
 Commonwealth Games security lagging behind. Ndtv.com. Retrieved on 6 July 2010.
 CBI to file chargesheet in Queen’s baton scam". The Times of India. 9 August 2011.
 Trouble for Kalmadi, CBI files another FIR in Swiss firm deal case". The Indian
Express. 24 August 2012.
 "Ready to postpone WSH till March, organisers tell court". Indian Express. 8
December 2011.
 Delhi HC paves way for players' participation in World Series Hockey". Times of
India. 13 February 2012.

 Internet Sources:

 http://www.asser.nl/default.aspx?site_id=11&level1=13906&level2=13917&l
evel3=&textid=36028

 http://www.sportslawindia.info/sportslaw.htm

 http://articles.economictimes.indiatimes.com/2010-01-
16/news/27592646_1_hockey-india-sports-bodies-indian-hockey-federation;
published on 16 Jan 2010.

 http://www.ndtv.com/photos/sports/indian-hockey-crisis-talks-fail-6617

 http://www.thehindu.com/opinion/editorial/crisis-of-indian-
hockey/article79687.ece ; published on 12 January, 2010

 http://www.espncricinfo.com/indian-premier-league-
2013/content/story/636375.html ; published in 2013.

Arshit Anand
Intern; Khaitan & Compay, New Delhi
May-June 2014