National sports federations must follow the proper procedure for selecting teams for international competitions, as outlined in the National Sports Development Code of India (NSCI).

V. Kameswar Rao, J.

1. This batch of three writ petitions involves a challenge to the inaction of a National Sports Federation (NSF) in the country i.e. Wrestling Federation of India (WFI) for not selecting Wrestling team for Commonwealth Games 2014 in accordance with the National Sports Code (‘Code’ in short) as formulated by the Ministry of Youth Affairs and Sports, Government of India.

2. The parties, more particularly, the respondents shall be referred to as per their position in the memo of parties in W.P.(C) No. 3914/2014, which would be, respondent No. 1 (Ministry of Sports), respondent No. 2 (Indian Olympic Association), respondent No. 3 (Sports Authority of India), respondent No. 4 (Wrestling Federation of India), respondent No. 5 (Mr. Vinod Kumar, Chief Coach).

3. The aforesaid Code was a subject matter of a writ petition [W.P.(C) No. 2310/2012] filed by the Indian Olympic Association (OIA) wherein the competency of the respondent No. 1, Union of India to formulate the same was challenged as being beyond its Executive power. This Court, while holding the competency of respondent No. 1 in para 86, has held as under:

“86. For the foregoing reasons, it is held that the petitioners’ contentions are rejected. The Court reiterates its conclusions that international sports and regulation of NSFs, and IOA, in respect of the matters which are the subject of these proceedings, falls within Entry 97 of the First List to the Seventh Schedule to the Constitute of India. The Central Government can insist upon adherence to these provisions, without the aid of legislation. It is also held that the Sports Code does not violate the freedom under Article 19(1)(c) of the Constitution. Neither are its provisions arbitrary. The tenure restrictions impugned in this case can and are insisted upon as a part of the public interest in efficient and fair administration of such NSFs. This Court also specifically notes the letter/notice dated 20.09.1975, which forms part of the Sports Code, as modified by the later letter of 01.05.2010, to the following extent:

“i. The President of any recognized National Sports Federation, including the Indian Olympic Association can hold the office for a maximum period of twelve years with or without break:

ii. The Secretary (or by whatever other designation such as Secretary General or General Secretary by which he is referred to) and the Treasurer of any recognized National Sports Federation, including the Indian Olympic Association, may serve a maximum of two successive terms of four years each after which a minimum ‘Cooling off period of four years will apply to seek fresh election to either post.

iii. The President, the Secretary and the Treasurer of any recognized National Sports Federation, including the Indian Olympic Association, shall cease to hold that post on attaining the age of 70 years.

iv. The other provisions in respect of the tenure limit as contained in the letter of 1975 mentioned above shall remain as it is.

v. The above dispensation will come into operation with immediate effect.”

This regulation (subject to any subsequent amendments) should, till appropriate legislation is framed by Parliament, bind the parties and all NSFs as a condition for recognition, aid and crucially, for the use of the term “India” by any team in International Olympic sporting event.”

4. This Court has purposefully, referred to the judgment in the aforesaid writ petition to show the relevancy/binding nature of the Code, at least, insofar as the respondent No. 4 (Wrestling Federation of India) and respondent No. 2 (Indian Olympic Association) are concerned.

SPORTS CODE

5. With a view to adopt good governance practices by National Sports Federation including Indian Olympic Association, for a healthy development of sports in the country, the respondent No. 1 issued comprehensive guidelines in the years 1975, 1988, 1997 and 2001. Post 2001, several major initiatives were taken by the Government, which included declaratio