The Supreme Court on Friday approved the draft constitution for implementation by the All India Football Federation (AIFF).
It will be implemented within four weeks, along with several radical measures.
The measures include fixing the minimum age of office-bearers to 25 years, shall be mandatorily a “citizen and also resident of India”, three vice-presidents, including one woman, disqualification of an office-bearer only upon “conviction and imposition of sentence,” besides the adoption of the AIFF constitution by all state associations and local level associations.
“We direct the AIFF administration to call for a special general body meeting and adopt the draft constitution with the modifications in this judgment.
“This shall be done at the earliest, preferably within four weeks. We are of the firm opinion that the constitution, once adopted in terms of Article 84, will mark a new beginning for Indian football and take the sport to greater heights,” a bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi said in a judgment.
“Our country is brimming with promising sporting talent which seeks suitable avenues and organisational support. We need to channelise this talent efficiently — from village fields to international platforms.
“We believe that the constitution of AIFF is an important structural foundation in this regard and the stakeholders of Indian sports will have an important role in ensuring that Indian football remains thrilling, competitive and value- oriented and continues to make its mark in the national and international landscape,” Justice Narasimha, who authored the 78-page judgment observed.
Key points
- Disqualification from holding post in the AIFF only upon “conviction and facing sentence” (jail term)
- There shall be three vice presidents including one woman
- The AIFF shall have 15 eminent players with voting rights
Demand for disqualification from holding a post in the federation of a person who has served as an office-bearer of any NSF has been rejected.
“We are of the opinion that Articles 1.11 and 25.4 relating to ‘candidate’ and the condition for a candidate for the post of AIFF office bearer be amended to read as follows:
“Article 1.11: “Candidate” is any person standing for elections to the AIFF Executive Committee who has been proposed and seconded in the manner laid down in Art. 5.2 of Schedule III to this Constitution. The candidate shall be a citizen and resident of India who has attained at least twenty-five years of age and be a voting member of AIFF’s General Body.
Article 25.4: A candidate for the post of an AIFF Office-Bearer must be a citizen and resident of India who has attained at least twenty-five years of age. Such a person shall also be a voting member of the General Body.”
A new provision 25.4 (A) in the draft Constitution will read as follows:
“Article 25.4(A): A person shall not be qualified to contest for election or seek nomination to, the posts of the President or the Vice Presidents or the Treasurer, unless such person is a sportsperson of outstanding merit or, has previously served as a member for at least one full term in the Executive Committee of the AIFF or as an office bearer in its affiliate unit.”
Clauses (b) and (c) as clauses of the earlier unamended draft constitution reinstated in the proposed Article 25 of the Constitution.
c) In the event a person is elected as an Office-Bearer in the Executive Committee of the AIFF and holds a position of an Office-Bearer in a Member Association, he/ she shall automatically be deemed to have vacated his/ her position in the Member Association.
c) Similarly, in the event that a person is elected as an Office-bearer in a Member Association and holds a position of an Office-bearer in the Executive Committee of the AIFF, he/she shall automatically be deemed to have vacated his/her position in the Member Association.
Article 41.2, to read that no business transaction pertaining to “commercial arrangements and agreements pertaining to commercial and other rights for a period of more than four years or for an amount exceeding
Rs. 5,00,00,000 (Indian Rupees Five Crore)” be inserted. Such an insertion will bring Article 41.2 into consonance with Article 20.9(m),48 it is argued. We accept this suggestion.
Article 51 be modified to insert a proviso stating that “Provided that when the decision would be concerning a matter having a bearing on a player’s participation in an upcoming event/competition or a case concerning a matter of expediency, the matter be taken on priority and an expeditious decision be taken, preferably within a period of 30 days”.