The Relaxation Clause in the National Sports Development Code is arbitrary and undermines the principles of good governance and representation in sports, necessitating strict compliance by all National Sports Federations.

JUDGMENT :

SANJEEV NARULA, J.

1. The present writ petition is part of a series of litigation initiated by State Associations regarding the functioning of Respondent No. 2 – Equestrian Federation of India (“ EFI ”), the National Sports Federation (“ NSF ”) for the discipline of Equestrian sports in the country. Through the present writ petition, the State Equestrian Association of Rajasthan (the Petitioner), lays challenge to the notification dated 01st February, 2021 [“Impugned notification”] issued by Respondent No. 1 - Ministry of Youth Affairs and Sports, Government of India (“ MYAS ”), whereby a ‘Relaxation Clause’ has been added as Clause No. 16 of the National Sports Development Code, 2011 (“ Sports Code ”); as well as the order dated 09th November, 2021 [“Impugned order”] issued by them in exercise of powers under the said Relaxation Clause, granting Respondent No. 2 - EFI certain exemptions/relaxation of applicability of specific provisions of the Sports Code, 2011.

The Controversy

2. Broadly, the Petitioner contends that such amendment to the Sports Code, 2011, introduced by MYAS through the impugned notification, confers unbridled discretionary powers upon the Minister-in-Charge of the MYAS to exempt any NSF from compliance with any provision of the Sports Code. They argue that vesting of such unchecked authority, without any guiding principles to govern its exercise, effectively undermines the integrity and enforceability of the Sports Code, reducing it to a document lacking any binding value. The Petitioner further argues that the exemptions granted to EFI subverts the very objective of the Sports Code, which is to ensure uniformity and effective regulation in the governance of sports across India; since allowing exemptions to NSFs on such an ad hoc basis, on the basis of a newly added ‘Relaxation Clause’ would lead to varying standards and conditions being applied to different NSFs, thereby eroding the fundamental principles of uniformity and equal treatment enshrined in the Sports Code.

3. The Respondents defend the impugned order, asserting that the exemptions granted to EFI are well-reasoned and grounded on the realities and unique characteristics of Equestrian sports. They highlight two key considerations: first, the peculiar nature of Equestrian sports, which require substantial funding, specialized training, and major infrastructural resources; and second, the historical and global context wherein Equestrian sports have traditionally operated as club-based activities. These factors, according to the Respondents, justify the exemptions granted to EFI under the impugned order.

4. In these circumstances, the Court must determine whether the Relaxation Clause introduced via the impugned notification withstands legal scrutiny. Further, the Court must assess whether the exemptions granted to EFI aligns with the principles and objectives of the Sports Code or, whether it undermines the Code’s uniform application across National Sports Federations.

THE FACTS:

5. In order to contextualize the present dispute, it is important to first chart out the broad facts as well as the legal provisions involved in the present dispute, which are as follows:

5.1 The Petitioner is the recognized State Equestrian Association for the State of Rajasthan and is a member of EFI. They assert to have made several endeavors to promote Equestrian sports in Rajasthan and are deeply concerned about the governance and conduct of Respondent No. 2 - EFI. Respondent No. 1 – MYAS administers the Department of Youth and Sports in India, and is entrusted with the role and responsibility of developing various sports in India, including but not limited to issuing Guidelines for grant of recognition to national level federations for representing the country in international events, establishing the necessary infrastructure, promoting capacity building for sports and to take measures for the protection and promotion of athletes and sports-persons in the count