This blog is written by Advika Dwivedi, a Fourth-year law student of Christ Academy Institute Of Law

Introduction

Sports have always been important in society. India’s mastery in the sports world can be traced back to the Era of Mahabharat. However, the dynamic nature of society has led to interactions between law and sports. With the widening of India’s horizon, it is crucial to investigate Sports Law. It is to be noted, that this ambit is still left unaddressed - concretely. Without any specific - structured legislation, the Judiciary became the heart of this landscape. This blog delves into exploring the judicial interventions remitting governance issues.

Overview of Sports Law

Sports Law is an ambit of the legal framework that regulates sports and the relations between its various stakeholders. Despite the need for regularity, the State has yet to enact any peculiar legislation governing sports issues. Historically, on the world stage federations and legislation such as the International Association of Sports Law (IASL), the International Sports Dispute Resolution Forum (CAS), the World Anti-Doping Agency (WADA) and the International Olympic Association (IOA) have regulated sports. In 2005, the International Convention against Doping in Sport was adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) establishing the World Anti-Doping Code.

Entry 33 of the State List under the Seventh Schedule in the Constitution of India empowers the State Government to make laws governing sports. The Union of India must promote sports in the nation.[1] The Ministry of Youth Affairs and Sports is obligated to fulfill of mandated duty towards its citizens. Autonomous Bodies such as the Board of Control for Cricket in India (BCCI), the All-India Football Federation (AIFF), and the Sports Authority of India (SAI) have been governing the sports industry since times. The National Sports Policy of 2001 was introduced to achieve success by cooperating with several federations for the promotion of sports. The Judiciary has played a pivotal role in governing issues concerning sports and its stakeholders.

Judicial Interventions

The Judiciary has often stepped in to ensure accountability and good governance in the sports industry. The issue in question usually not only concerns sports but also encroaches on other legal landscapes as well, for example - protecting the rights of athletes and combating corruption. Let us glance over some multi-faceted landmark judgments by the Judiciary concerning Sports Law:

Zee Telefilms Ltd. And Ors. vs Union of India and Ors.[2]

Case Summary: The Petitioners, Zee Telefilms challenged the BCCI’s decision to grant broadcasting rights to ESPN, a competitor, on the ground that BCCI would fall under “other authorities” of Article 12 of the Constitution. However, the Hon’ble SC declared BCCI as an autonomous body. It is to be noted that the door was open for further judicial investigation.

Board Of Control for Cricket vs Cricket Association of Bihar & Ors[3]

Case Summary: After the 2013 IPL spot-fixing scandal, The Hon’ble SC appointed the Lodha Committee to investigate and suggest improvements to the BCCI's governance. The group called for structural changes including age limits for officeholders, cooling-off periods between terms, and a clear division of responsibility between the BCCI's administrative and commercial operations.

Indian Poker Association V. State of Karnataka[4]

Case Summary: Numerous arrests and raids were conducted in clubs for playing poker. As a result, the Hon’ble Karnataka HC poker is a game of skill and thus can be played freely without any permission required. Furthermore, it was held that poker in recreational centers is permitted without any restrictions.

Percept D'Markr (India) Pvt. Ltd vs Zaheer Khan & Anr[5]

Case Summary: The Petitioners, Percept D'Markr, a Sports Management Company agreed with the defendant, Zaheer Khan, engaged for celebrity endorsement. The contract provided that before the end of the first negotiation period, the plaintiff would have the "right of first refusal" concerning any media engagement offers received by the defendant. He would not be able to accept any offer without the plaintiff's approval under the terms and conditions, but Zaheer Khan agreed without allowing the plaintiff to exercise the right of first refusal. However, the Court found out that the agreement was after the end of the first negotiation. Therefore, the defendant was not liable.

Judicial Outreach or Judicial Overreach?

Given the cases, judicial interventions have paved the path for sports governance. However, it is argued that at times, the Judiciary has overreached its decision. It is pertinent to note that, in Zee Telefilms Ltd. And Ors. vs Union of India and Ors.[6] The BCCI’s private nature was the center point for not making it fall under the umbrella of Article 12. However, the Hon’ble Court in Board of Control for Cricket vs Cricket Association of Bihar & Ors[7] Imposed the Lodha Committee’s recommendation on the private entity not only undermined the autonomy of the organization but also overstepped by insinuating a specific governance model on a private entity. Whereas, in the later cases of Indian Poker Association V. State of Karnataka[8] And Percept D'Markr (India) Pvt. Ltd vs Zaheer Khan & Anr[9] Highlights the Judiciary's Outreach in protecting the rights of athletes.

Conclusion

The Judiciary has assisted in every required situation, whether it was for ensuring transparency, accountability, and good governance in Sports Regulating Organisations or protecting the rights of athletes against numerous organizations and departments. However judicial interventions and pronouncements alone are insufficient to address complex issues surrounding sports law. A well-structured legislation coupled with a specialized quasi-judicial body might be the answer for all. The passing of the Prevention of Sporting Fraud Bill, 2013, and the National Sports Development Bill, 2013 should be the end of the call for action.

References

1. Iplf, Navigating the legal field: An overview of sports law in India IPLF (2024), https://www.ipandlegalfilings.com/navigating-the-legal-field-an-overview-of-sports-law-in-india/#_ftn4 (last visited Sep 7, 2024).

2. Simran Sharma and Vidhi Kanodia, the sporting wars: From judicial activism to adventurism THE CONTEMPORARY LAW FORUM (2022), https://tclf.in/2022/10/19/the-sporting-wars-from-judicial-activism-to-adventurism/#The_road_from_judicial_activism_to_judicial_adventurism_a_theoretical_perspective (last visited Sep 7, 2024).

3. Aarushi Jain & Indranil D Deshmukh, in review: Sports governance and dispute resolution in India Lexology (2023), https://www.lexology.com/library/detail.aspx?g=37ea2e4e-17b4-4b92-9bc7-e853aa765ef1 (last visited Sep 7, 2024).

4. YLCC Admin, Top 20 sports law cases one must be aware of YLCC (2021), https://www.yourlegalcareercoach.com/top-20-sports-law-cases-one-must-be-aware-of/ (last visited Sep 7, 2024).

5. (PDF) the scenario of sports in India- from the ancient period to the modern period, https://www.researchgate.net/publication/354745765_SCENARIO_OF_SPORTS_IN_INDIA-_FROM_ANCIENT_PERIOD_TO_MODERN_PERIOD (last visited Sep 7, 2024).

REFERNCES-

[1] Sawhney, Aashima. “The Laws of Sports-A Global Overview (Part 1).” Ct. Uncourt 5 (2018): 12.

[2] 1999IIAD(DELHI)777

[3] AIR 2016 SC (SUPP) 277

[4] 2013 SCC OnLine Kar 8536

[5] AIR 2006 SUPREME COURT 3426

[6] Supra Note 2

[7] Supra Note 3

[8] Supra Note 4

[9] Supra Note 5