Sports Must Be Inclusive And For All, Not To Concentrated In The Hands Of A Few Elite:-SC

The Supreme Court of India, in a landmark judgement on the sports governance in India, has recently highlighted the constitutional duty of the State to ensure  sporting facilities and opportunities accessible to all. The Apex Court has  pointed out the concentration of various resources in the hands of the urban economic elite, mentioning that the resources related to should be inclusive and affordable.

The judgement of the Supreme Court was passed in relation to the governance of the All India Football Federation (AIFF) as well as the direction by the Court to adopt a new draft Constitution as per the National Sports Code, 2011.

Background of the Case

• The case started when a writ petition filed by Advocate Rahul Mehra, where the functioning as well as election process of numerous sports federations, especially the AIFF was challenged. It was further argued that the elections in the sports federation are being held in violation of the National Sports Code.
• The Delhi High Court previously held that the elections of the AIFF were held invalid on the grounds of non-compliance with the said Code. 
• The judgement by the High Court was later challenged before the Supreme Court of India, raising the question of sports governance, transparency, and inclusivity into focus.

Observations by the Court

• Sports as a Medium of Fraternity

• The Bench of Justice P.S. Narasimha and Justice Joymalya Bagchi pointed out that fraternity, unlike enforceable rights, cannot be commanded by law, albeit it should be nurtured by sharing experiences.

• Sports, the Court observed, could be understood as a powerful unifying force, where individuals from diverse linguistic, cultural, as well as social backgrounds come together. While on the field, when competing their teamwork fosters solidarity, cooperation, and mutual respect, hence fulfilling the constitutional vision regarding fraternity.

Accessibility Beyond the Urban Elite

The Supreme Court observed that sports facilities as well as opportunities should  not be concentrated within the urban economic elite only, but must be accessible at every level — starting from rural village playgrounds to national as well as  international arenas.

Key Points from the Judgement by the Supreme Court

• Sporting facilities should be treated as “material resources of the community.”
• It must be noted that the sports institutions are “places of public resort” and should be accessible for participation as well as for their administration.
• Revenue which is collected from various sports events, media rights, as well as intellectual property should be distributed fairly in order to encourage affordable sports.

The matter of inclusivity of the resources, as the Court pointed out, it must be ensured that sports are not merely privilege of wealthy but a medium of unity and social transformation.

Directions by the Supreme Court to AIFF

• In order to strengthen the governance of Indian football, the Apex Court ordered the AIFF administration to initiate a special general body meeting as well as to draft Constitution with appropriate modifications within a period of  four weeks.
• The Court pointed out that once adopted under Article 84, the new AIFF Constitution symbolise a fresh beginning for the Indian football, ensuring a  transparent governance, channelising the talent of players, as well as aligning with the National Sports Code.

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