The Supreme Court of India has stated that it is "not interested in controlling or monitoring the affairs of Indian football". This statement was made during a session where the court sought the views of former Supreme Court Judge L. Nageswara Rao on two contentious provisions in the draft constitution of the All India Football Federation (AIFF).
The AIFF had approached the Supreme Court seeking clarification on two provisions in its draft constitution, citing potential violations of FIFA's independence principles. The federation's move came ahead of its General Body meeting scheduled for Sunday, October 12, where the draft constitution is expected to be adopted.
The two provisions under scrutiny are Article 23.3 and Article 25. Article 23.3 mandates that the AIFF must seek the Supreme Court's permission before amending its constitution. Article 25 stipulates that any individual elected to the AIFF Executive Committee cannot simultaneously hold a position in a state association. If an individual holds both positions, they must vacate their position in the Member Association.
The AIFF raised concerns that these provisions contradict Article 19 of the FIFA Statutes, which guarantees member associations the right to manage their affairs independently without external interference. They also pointed out that these clauses were not part of the original draft prepared by Justice Rao.
The AIFF argued that requiring court approval for constitutional amendments could be viewed as "third-party interference," potentially leading to sanctions from FIFA, as happened in 2022 when India was banned. The prohibition on holding dual roles in national and state bodies could disrupt coordination and weaken administrative efficiency. State officials have objected to Article 25, stating that FIFA does not have any such provision that restricts simultaneous membership in the state federation. There is a possibility that they will resign en masse if the constitution, along with this provision, is enacted.
A bench of Justices P.S. Narasimha and A.S. Chandurkar has been tasked with reviewing the AIFF's plea. The court intends to consult with Justice Joymalya Bagchi, who was part of the bench that initially approved the draft constitution on September 19. The Supreme Court has been actively involved in monitoring the AIFF's management and the conduct of national-level football tournaments and leagues. On September 19, the court finalized the draft of the AIFF Constitution and directed the Federation to convene a General Body Meeting to adopt the Constitution.
FIFA has set a deadline of October 30 for the AIFF to adopt the new constitution, failing which the AIFF could face suspension. The Supreme Court's intervention seeks to balance the need for a smooth transition in AIFF's management practices with adherence to FIFA's regulations. The goal is to promote a new era for Indian football while ensuring collaboration among all stakeholders.
