Supreme Court Set to Deliberate AIFF’s Review Plea This Friday

New Delhi: The Supreme Court has scheduled a hearing for Friday to address proposed changes in the All India Football Federation’s (AIFF) draft constitution. This comes just days before the document is set for approval at the General Body meeting on Sunday.

The AIFF urgently approached the Supreme Court, seeking a hearing due to concerns that two provisions in the draft constitution might conflict with FIFA regulations and potentially lead to sanctions against the national body.

The contested provisions include a requirement for court approval for any amendments to the AIFF constitution, and a prohibition on holding simultaneous positions in the AIFF and state federations.

A bench comprising Justices PS Narasimha and AS Chandurkar agreed to hear the case on Friday, instructing the AIFF to provide documents to the amicus curiae and senior advocate Gopal Sankaranarayanan, as well as advocate Samar Bansal.

Senior advocate Sidharth Luthra, representing the AIFF, emphasized the need for clarification on these specific provisions and presented a chart highlighting conflicts with FIFA statutes and recommendations previously made by former Supreme Court judge L Nageswara Rao, who was crucial in drafting the constitution.

The AIFF’s document stated, “Any requirement mandating external approval or imposing conditions on AIFF’s authority to amend its constitution would be contrary to the principle of independence guaranteed under Article 19 of the FIFA Statutes,” especially referencing Article 23 of the draft constitution, which mandates court approval for amendments. It added, “Article 19(1) of FIFA Statutes requires each member association to manage its affairs independently and without undue interference from external parties,” warning that non-compliance could lead to sanctions.

Luthra further noted that justice Rao had not recommended the prior court approval condition, advocating instead for amendments based on a 75% majority vote at a Special General Meeting.

The AIFF also requested the court to reconsider the restriction on members simultaneously holding positions in state bodies. Justice Rao did not include such a restriction, but it was reinstated following requests from various stakeholders, as noted in the Supreme Court judgment.

The AIFF provided examples from FIFA’s governance structure, where FIFA Council members serve concurrently as presidents of their respective Continental Confederations, suggesting such restrictions could impede effective governance and create administrative challenges.

On September 19, Justices Narasimha and Joymalya Bagchi approved the draft AIFF Constitution, mandating its adoption at the October 12 General Body meeting.

This order arose from a 2017 appeal by the AIFF against a Delhi high court decision that nullified AIFF elections for non-compliance with the 2011 National Sports Code. The Supreme Court stayed this order, forming a committee to manage the AIFF until FIFA threatened suspension, after which new elections were held and an Executive Committee was appointed, with justice Rao tasked with finalizing the constitution.

The court also emphasized the inclusive power of sport and the state’s Constitutional responsibility to ensure that sporting facilities and opportunities thrive, with integrity, professionalism, and expertise. The court introduced progressive changes to improve the AIFF governance structure, including player representation and enhanced roles for women in football.