Sports Law in India

Submitted By:-
Adeeb Ul Hasan
A3256118044
L.L.B IV Sem.
 TABLE AND CONTENTS
Chapters
Preface
1. Introduction
2. Sports Law in India
3. National Sports Federations
4. National Anti Doping Agency (NADA)
5. National Sports Policy
6. Indian Sports Law Jurisprudence
7. Conclusion
8. Bibliography
 Preface

While commentating upon the ‘law as a system of rules’, Salmond took ‘contract bridge’ as an
example1. At that time, Salmond would not have imagined that the rules of game would take such
a proportion that it would necessitate a separate branch of study called ‘sports law’. Well, now
sports law has a definite position in legal system and new sports law jurisprudence – lex sportiva
is emerging. Increasing interaction between the law and sport has led to the birth of sports law.
Sport touches various areas of law and the legal principles are acclimatized to the situation in
sports. Contracts, tax, competition, discrimination all share an edge with sports when issue arises
relating to performance of a contract or selection of a player on the basis of racial discrimination.
There are other serious issues of doping, match-fixing and violence too. However, there is a
haphazard development of sports law, reason being most of the rules being governed by various
organization and as Salmond said ‘a person is subject to the rules of the game only when he plays
the game.’ There are other areas like advertising rights, restraint clauses for players in contracts.
The problem gets even more serious when it comes to international sports where we already have
a porous roof of international law. The current article traces the development of sports law and
highlights the key issues in sports law. The paper has five parts. First part of this article deals
with the establishment of sports law which incorporates the progress of ‘sports law’ from ‘sports
and law’; difference between amateur and professional sports, international sports law and
global sports law. The second and third part discusses about the international sports federations
and international sports organizations respectively. The fourth part discusses various issues
involved in sports law and the paper concludes with discussion on status of sports law in India.

1 Fitzgerald, P.J., Salmond on Jurisprudence, Sweet & Maxwell, 1966, at p. 44: He stated that the rules
of a game such as contract bridge define the game, and when bridge-players comply with these rules they
are not just using one particular method of achieving an objective (i.e. playing the bridge); on the contrary,
compliance with the rule is partly what bridge-playing consists in; thus, making the rule constitutive.
INTRODUCTION

Sports, games and physical fitness have been a essential constituent of our civilization, as is present from
the existence of the highly evolved system of yoga and a vast variety of highly developed indigenous
games, including martial arts. The inherent connection between sports and games and the human quest for
excellence was recognized ever since the inception of human civilization, reaching its epitome in the
ancient Greek civilization, which was the progenitor of the Olympic movement2.

In India, history of sports can be traced back to the epic of Mahabharata which narrates an incidence where
a game called Chaturang3 was played between two groups of warring cousins Pandavas and Kauravas.
Sports have been treated as important aspect of human development. A famous saying goes “all work and
no play makes jack a dull boy.” Sport has traditionally seen itself as a private social activity separate from
the reach of legal frameworks. As Foster explains, ‘legal norms are fixed rules which prescribe rights and
duties; relationships within the social world of sport are not seen in this way’ 4.

However, in the recent years the sports have not only remained an activity of physical development of body
or an activity of entertainment, but has acquired a professional approach rather a business proportion
involving many stakeholders. With high salaries, ticket prices, and profits, professional sports are no longer
just a game, but a big business worth billions of dollars5.

Moreover, now the trend is towards international sports providing a fresh area of thought on the legal
relationship between the teams, organizers and states in which the game is played. The continuous
interactions and involvement of varied aspects of contract, competition, rules of the game, protecting
olympism has resulted into various rules and regulations, major part being regulated by customs. This
necessitated for the development of sports law. Sports law has developed along different lines of thought
and is not comprehensive one. The present paper argues the need for a comprehensive legislation for
regulating activities in sports both at national and international level so as to maintain the professional spirit
in sporting activities.

00 federations, such as the IOC or FIFA, to be legally unaccountable except by arbitration systems
established and validated by those very same private regimes.
SPORTS LAW IN INDIA

Encouragement of games and sports is a State function in India in terms of Entry 33 of List II of the Seventh
Schedule of the Constitution of India which reads thus:
"33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List 1;
sports, entertainments and amusements."
The State by reason of a legislative action cannot confer on it extra territorial jurisdiction in relation to sports,
entertainment etc. Education, however, is in Concurrent List being Item No. 25 of List III. Sport is considered
to be a part of Education (within its expanded meaning). Sport has been included in the Human Resource
Development as a larger part of education. Union of India in exercise of its executive functions in terms
of the Allocation of Business Rules framed under Article 77 of the Constitution of India created a separate
Ministry of Youth Affairs and Sports for the said purpose. Keeping in view the fact that the Union of India is
required to promote sports throughout India, it, as of necessity is required to coordinate between the activities of
different States and furthermore having regard to the International arena, it is only the Union of India which can
exercise such a power in terms of Entry 10, List I of the Seventh Schedule of the Constitution of India and it
may also be held to have requisite legislative competence in terms of Entry 97, List I of the Seventh Schedule of
the Constitution of India103. From April 30, 2008, Deptt. of Youth Affairs and Deptt. of Sports are bifurcated
under two separate Secretaries.
The Union of India issues guidelines which are reviewed from time to time which is forwarded to the
Presidents/Secretary General, Indian Olympic Association and the Presidents/Hony. General Secretaries of
all recognized Sports Federations incorporating therein the amended provisions.
Annexure-II appended to the said guidelines provides for recognition of National Sports Federations, inter
alia, by laying down the eligibility therefore and the necessity of filling of applications in that behalf.
Clause 3.12 reads as under:
"There would, be only one recognized Federation for each discipline of sport, irrespective of the
fact that the particular sport caters to youngsters, men, women or veterans. However this condition
shall not apply to Federations already recognized by the Department."

Speaking about the nature of organization of sports in India Supreme Court in Zee Telefilms noted that:
The Union of India or the respective Governments of the States in stead and place of making
legislation have thought it fit to allow the sports bodies to grow from its grass-root level by
applying the reverse pyramid rules and by encouraging all associations and federations from
village level to national level. Whereas in each State there is a State federation, they must as of
practice or precedent become a member of the Board (BCCI). State Federations and some other
organizations essentially having regard to their respective nature of functions only are members of
the Board. They include Association of Indian Universities, Railway Sports Control Board and
Services Sports Control Board.
National Sports Federations - Organizations
Sportal - the official website of the Ministry of Youth Affairs and Sports, Government of India enlists six associated
organizations, which prominently includes Sports Authority of India (SAI), and Indian Olympic association. In the
list of games it enlists 36 games and there are approximately 56 National Sports Federations. There are State
Olympic Associations for each state separately.

Indian Olympic Association (IOA)

IOA the apex Sports Organization of Olympic sport in the country is responsible for the Indian contingent’s
participation in the Olympic Games, Commonwealth Games, Asian Games (Outdoor-Indoor-Beach) and South
Asian Games. Each Olympic and Non- Olympic Sport has a Federation at the National level and are
affiliated/recognized to/ by IOA. There is a separate federation at national level in each game/sport which
assists the IOA and preparation of sportsman.
The selection of the National teams is done by the respective National Federations and then recommend to IOA
for official sponsorship for participation in the Games being conducted under the auspicious of the IOC, OCA,
CGF and SAG. A special feature of the Associations are affiliated/recognised to it. The main task of the State
Olympic Associations is to promote the Olympic Sport and to ensure coordination among the State Sports
Associations.

Indian Olympic Association is that, the National Federations and the State Olympic

Sports Authority of India

The Sports Authority of India (SAI), established in 1984 as a registered society, strives to promote sports
and develop excellence by upgrading the skills of Indian sports persons. SAI ensures the effective and
optimum utilization of various sports facilities and is concerned with sports promotion and management 113.
In pursuance of its objectives, SAI chalks out and implements various schemes approved within the SAI
and schemes of the Department. The main schemes of SAI are: National Sports Talent Contest, Special
Area Games, Sports Projects Development Area, and Sports Hostel Scheme

Board of Control for Cricket in India (BCCI)

The Board is a society registered under the Tamil Nadu Societies Act, 1975. It is not created under a Statute
but it is an acknowledged fact that in terms of its Memorandum of Association and rules framed by it, it has
not only the monopoly status as regard the regulation of the game of cricket but also can lay down the
criteria for its membership and furthermore make the law of sport of cricket. The Board for all intent and
purport is a recognized national federation recognized by the Union of India. By reason of said, recognition
only, an enormous power is exercised by the Board which from selection and preparation of players at the
grass root level to organize Daleep Trophy, Ranji Trophy etc. select teams and umpires for international
events. The players selected by the Board represent India as their citizen. They use the national colour in
their attire. The team is known as Indian team. It is recognized as such by the ICC.

BCCI – Whether a State?

In Zee Telefilms case the question arose that whether a petition under Article 32 of the Constitution is
maintainable against BCCI (the Board) treating it as ‘State’ within the meaning of Article 12 of the
Constitution? Majority view was that Board was not ‘State’ because Board was not created by a statute, no
part of share capital of Board was held by government, no financial assistance was given by government to
Board, and there was absence of any deep and pervasive state control over Board. Merely because Board
 enjoyed a monopoly Status in field of cricket and it exercised some public duty would not make it ‘State’
for the purposes of Article 12.

However, minority view treated the ‘Board’ to be ‘State’ and it was said:
We, therefore, are of the opinion that law requires to be expanded in this field and it must be held
that the Board answers the description of "Other Authorities" as contained in Article 12 of the
Constitution of India and satisfies the requisite legal tests, as noticed hereinbefore. It would,
therefore, be a 'State'.

Minority view appears to be more appealing and rationale in view of the circumstances mentioned in the
case. It appears that due to the fear of opening up of host of litigations throughout the state on sports-related
issue, the majority took a view not to treat ‘Board’ as ‘State’, though the Apex Court made a remark against
such apprehension.
In Secretary, Ministry of Information & Broadcasting, Government of India and Ors. etc. v. Cricket Association
of Bengal and Ors. etc., this Court held that:
"...The right to 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: Hence, when a telecaster desires to telecast a sporting event it is
incorrect to say that free-speech element is absent from his right. The degree of the element will
depend upon the character of the telecaster who claims the right. An organizer such as the BCCI
or CAB in the present case which are indisputably devoted to the promotion of the game of cricket
cannot be placed in the same scale as the business organizations whose only intention is to make
as large a profit as can be made by telecasting the game...."

The Sports Law & Welfare Association of India (SLAWIN)

It is a nonprofit, national, professional, organization whose common goal is the understanding, advancement,
and ethical practice of, "Sports Law" in India for the promotion of Sports, by bringing Legal Practitioners and
Sports persons together

Indian Premier League – a New Saga

Indian Premier League (IPL) was a great success in 2008. However, in 2009, there were controversies relating
to match fixtures in India due to General Elections and the matches
has to be shifted to South Africa. Rules of the competition confirms to the ICC Standard Twenty20
International Match Playing Conditions, 1 October 2007 version.

National Anti-Doping Agency (NADA)

On 7th March, 2008, the NADA has accepted the World Anti-Doping Code (the “Code”).
Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played.
Athletes and Athlete Support Personnel accept these rules as a condition of participation. Anti-Doping Rules
are not intended to be subject to or limited by the requirements and legal standards
applicable to criminal proceedings or employment matters. The policies and minimum standards
set forth in the Code and implemented in these Anti-Doping Rules represent the consensus of a broad spectrum
of stakeholders with an interest in fair sport and should be respected by all courts and adjudicating bodies.

Anti-doping rule deals with a strict liability on the participant of a sport as “It is each Athlete’s personal
duty to ensure that no Prohibited Substance enters his or her body. Athletes are responsible for any
Prohibited Substance or its Metabolites or Markers found to be present in their bodily Specimens.
Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Athlete’s part be
demonstrated in order to establish an anti-doping rule violation under Article 2.1
National Sports Policy
First Resolution on the National Sports Policy was laid in both Houses of Parliament in August, 1984. The
National Sports Policy, 1984 was formulated with the objective of raising the standard of Sports in the
country. The National Education Policy, 1986 also incorporated the objectives of the Policy in so far as the
Education Sector was concerned. However, the Policy could not achieve its desired objectives, which
necessitated reformulating the sports policy spelling out the specific measures required to be taken by the
various agencies, which are involved, in various ways, in promoting sports in the country. National Sports
Policy 2001 came into existence.

The Sports Policy of 2001 aimed towards achieving excellence through coordination among various sports
federations. Encouragement and promotion of amateur sports was vouched ensuring that the educational
institutions, Schools and Colleges in both rural and urban areas with special emphasis in rural areas.

Draft Sports Policy 2007

The Comprehensive National Sports Policy 2007 aims at building on previous sports policies with a view to
accomplishing the unfinished agenda and addressing the emerging challenges of India in the 21st century,
most particularly the national goal of emerging as a global, yet inclusive, economic power in the near
future. Out of the many other objectives and strategies of the comprehensive draft sports policy
“Contingent Constitutional, Legal and Institutional measures to operationalize the Comprehensive Sports
Policy” is one of the important strategy which aims at changing the legal requirement to deal with sports.
There has been under consideration in Parliament since the Twelfth Lok Sabha a Bill aimed at transferring
the subject of “sports” from the State List to the Concurrent List in the Seventh Schedule. It is, proposed to
pursue in Parliament the need to shift the emphasis on sports from its present Constitutional position where
it is clubbed with “entertainments” and “amusements” to treating sports as a key instrument of youth
development for accelerated and inclusive national development, the overarching goal of the Approach to
Eleventh Five-Year Plan endorsed by the National Development Council, a goal that clearly requires a
concurrent effort by the Centre and the States.
Indian Sports Law Jurisprudence
It is clear from the aforesaid discussions that sports has been a neglected area in India for a long period.
The situation has changed over the last two decades. As far as sports law in India is concerned, there are no
substantial direct cases dealing with sports and law except the two cases referred to above. However, in a
catena of decisions sports organizations and bodies were parties on different issues. Thus, in India the
development is in ‘sports and law’ and not ‘sports law.’

In M.P. Triathlon Association through its Secretary and Anr. v Indian Triathlon Federation and Ors court
emphasized the need of arbitration as a mode of dispute settlement and remarked:
It is rather unfortunate and we feel that every Indian citizen would feel ashamed of the fact that not
even one sports-person out of the huge population of 94 crores could find a place in the victory
stand in the Olympic Games 1996 held at Atlanta. Instead, all these Associations are busy in the
court proceedings and spending their spirit on the litigation instead of inculcating spirit of sports in
the track and field. These cases are some instances of the deplorable state of affairs.

In the case of Secretary, Madras Gymkhana Club Employees' Union v: Management of

the Gymkhana club, the club was treated to come under the definition of ‘Industry’ under the Industrial Disputes
Act 1947. however, this decision was overruled subsequently in Bangalore Water Supply and
Sewerage Board vs. A. Rajappa and Ors.
In view of the confrontation as to the elections of the society, it was directed by supreme court in K. Murugan v.
Fencing Association of India, Jabalpur and Ors that all litigations be dropped at various places in the country
and appointed a retired judge to conduct a smooth election of the society. While disposing the matter, court
made adequate need for sports in modern time for community development and in first few paragraphs traced the
history of Olympic Games.

There are few cases in which the ‘Sports Quota’ was in issue either for admission to a professional/regular course or
in public employment/promotion. In Mr. Govindagiri S/o Shanmugam A.V. and Ors. v. The Government of
Karnataka represented by its Secretary Education Department and Ors. the issue was whether Circular providing
that only such students governed by Karnataka State Education Act could participate in State level meets organised
and conducted by Department to the exclusion of children were studying in various classes in CBSE & ICSE Board
was violative of Article 14 of the constitution. Classification was held proper.

Thus, it can be seen that whenever the courts in India has got an opportunity to comment upon the sports
and its development, it has not shown economy of words and has given elaborate judgments. However,
courts were not confronted with cases of a nature in Western countries. Moreover ADR is encouraged and
it appears that sports law jurisprudence would develop on the lines of WTO law jurisprudence.
CONCLUSION

Sports law is growing to be an important aspect of sports industry. Sport law contains all provisions,
introduced by the State or by athletic authorities that concern sport and athletic activities in general and
regulates the relations that are developed in the frame of athletic activity. One of the peculiarities of the
rules of athletic legal order is that its provisions are not introduced by the executive power of each state but
by legal persons. The worldwide athletic legal order is characterized by its self-reliant foundation, its
independence from other legal orders, and as a rule, its non submission to governmental control 138.
However, this may not be fully true for national athletic order inasmuch as the national government would
be in picture whenever there is an international activity. For example a team may be stopped to play with a
foreign team, as it happened with India and Pakistan.

The true nature of sports law and difficulty in its development has been adequately explained by
Papalaukas Marious in the following words:
Sport has certain unique characteristics, which must be safeguarded if it is not to be transformed
into something very different. The difficulty lies into clarifying how the law can be applied to
economic aspects of sport taking account of its uniqueness and character. State authorities,
legislators, judges, lawyers, market analysts, should start considering the area of sports as a special
area in every aspect. All legal or financial rules applying to other economic activities are to be
thoroughly examined before applied to sports. In order to regulate sports activities legal provisions
and economic rules sometimes have to be reformed and sometimes they have to be rejected 139.

Sports law is in its developmental stages in the developing nations and has a long way to go. As Justice
Cardoze says
"The law has its epochs of ebb and flow; the flood tides are on us. The old order may change
yielding place to new; but the transition is never an easy process".
BIBLIOGRAPHY
Sources:

 Newspaper Articles:

 "BCCI suspends Rajasthan Royals' Sreesanth, 2 others after arrest for spotfixing". 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/2010-0116/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-indianhockey/article79687.ece ; published on 12
January, 2010

 http://www.espncricinfo.com/indian-premier-league2013/content/story/636375.html ; published in 2013.