JOVITO LOPES
PANJIM: Once the draft Constitution of the All India Football Federation (AIFF) is approved at its General Body Meeting to be convened at the earliest, preferably within the next four weeks (likely to take place in Goa on October 14), as mandated by the Supreme Court, it is expected to be a turning point in Indian football governance.
The draft Constitution was prepared by Supreme Court's former judge Justice L Nageswara Rao. It was finalised after some modifications by the Supreme Court recently. The draft constitution aims to bring fairness, transparency and accountability In Indian football.
The Supreme Court Bench of Justices PS Narasimha and Joymalya Bagchi in their judgement on September 19 said, “We are of the firm opinion that the Constitution, once adopted in terms of Article 84, will mark a new beginning for Indian football and take the sport to greater heights.” The Bench stated that any amendment “shall not be given effect” to without its approval, highlighting concerns that the approved Constitution might be given a go by, by the federation officials, “if safety valves are not put in place”.
The Justice Narasimha-led Bench upheld the inclusion of 15 eminent players in the AIFF General Body despite opposition from State associations.
“We are of the opinion that the freedom of choice to form an association is not in any way compromised by the requirement to incorporate 15 eminent players. It is not probable but certain that the inclusion of eminent players, coaches, referees, and club representatives in the general body, will only further good governance, heralds transparency and fair play,” it observed.
Besides, the AGM would have one representative from every member Association, three club representatives from Indian Super League, I-League and Indian Women’s League; a male and female representative from referees and two, male and female, from among coaches.
On eligibility for eminent players, the apex court relaxed the criteria to widen the pool. While approving governance reforms inspired by the BCCI judgments, the Supreme Court rejected arguments that football’s context was different.
“This present exercise is primarily about football, but on a broader level, is also an exercise to instill professionalism, efficiency and fairness in sports administration, which shall take Indian football to greater heights.”
“Distinguishing BCCI judgments only on the ground that the BCCI is not an NSF (National Sports Federation), while the AIFF is, does not yield any good. In this view, the arguments advanced by the AIFF and State association are rejected,” the judgment said.
The Bench directed the AIFF to convene a Special General Body meeting within four weeks to adopt the draft Constitution with the modifications specified in its latest judgment.
The 78-page verdict authored by Justice Narasimha dealt with 12 issues, such as membership, its suspension, age bar, conflict of interest pertaining to the AIFF and State football associations.
The top court also refused to interfere with the tenure of the current Executive Committee of the AIFF headed by President Kalyan Chaubey and said they were elected for a term of four years. Their term will expire in 2026, which means that the current Executive Committee will continue only till September 2026, which is less than a year from today.
The top court modified the criteria for “eminent player” who is the member of the Executive Committee of the AIFF and said he should be a past player, who has been retired for at least two years, and has represented India (senior) in at least five competitive matches (men); two competitive matches (women) sanctioned by FIFA/Asian Football Confederation.
Further, it debars ministers, bureaucrats from football management and sets up a 70-year age cap. However, if the public servants obtain requisite permission, they would be eligible to be in the governing body.
Among the most significant directions, the Supreme Court has held that all Executive Committee members of the AIFF will be treated as office-bearers, not just the president, secretary and treasurer.
On the issue of disqualification, the verdict included aspects such as criminal charges and conviction of members of the AIFF and State associations as it accepted the norms applied in the case related to the BCCI. An AIFF office-bearer would be disqualified if convicted and sentenced for more than two years, similar to the norms applicable to the MPs and MLAs.
The Bench modified the provision of disqualification based on framing of charge to the standard as envisaged in the judgement of BCCI -- “conviction followed by a sentence of imprisonment”.
The new Constitution paved the way for the federation to become the sole owner and operator of India’s top-tier football league, ending private ownership of Indian Super League.
The Constitution introduces a promotion and relegation system aligned with global football standards. The Supreme Court clarified that the “Senior-Most Top Division League” will now be the AIFF-owned league implementing these principles. The “Senior-most Top Division League” shall mean the league competition owned, operated and recognised by the AIFF that implements the principles of promotion and relegation, and meets all requirements prescribed by the AFC for being eligible to obtain a direct slot in the Asian Champions League.”
Under the new structure, the AIFF Executive Committee will have 14 members, including a president, three vice-presidents (one female), a treasurer, and 10 others, with five being eminent players, including two women. Provisions for no-confidence motions to remove office-bearers have also been included.
The draft Constitution also has provisions for the removal of the office-bearers, including the president, through a no-confidence motion which the existing Constitution of the AIFF does not have.
Having received the approval from the top court, the AIFF has time to adopt the new Constitution before FIFA’s October 30 deadline, thereby avoiding a ban from the game’s global governing body.
The AIFF Constitution must align with the National Sports Governance Act, 2025, already passed by the Parliament but yet to be notified. The Supreme Court order has rescued football from a period of uncertainty by ensuring that ISL goes ahead with institutional reforms in place.
The real test now lies in timely implementation of the new Constitution and alignment with the National Sports Governance Act, 2025 which is hoped will strengthen the foundations of sports governance in the country.
India’s top-tier football league can no longer be owned or operated by private players as per the new Constitution approved by the Supreme Court, which mandated the sport’s apex body to take sole ownership of the product.