EXPLORING THE LEGAL FRAMEWORK FOR SPORTS GOVERNANCE IN INDIA: CHALLENGES, OPPORTUNITIES, AND FUTURE DIRECTIONS
AUTHOR-SHRAY CHHIBBER, STUDENT AT UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH ,INDIA
BEST CITATION – SHRAY CHHIBBER, EXPLORING THE LEGAL FRAMEWORK FOR SPORTS GOVERNANCE IN INDIA: CHALLENGES, OPPORTUNITIES, AND FUTURE DIRECTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1392-1398, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
Sports Law in India is an emerging and dynamic field that has yet to achieve comprehensive development. While there is increasing awareness among the public about their various legal rights, there remains a significant gap in understanding the full scope and application of Sports Law. This area of law encompasses a broad spectrum of issues, including disputes related to contracts, intellectual property, media regulations, anti-doping measures, and sports safety and liability. Despite the crucial role sports play in national pride and entertainment, they are often treated with less legal rigor than other sectors.
Under the Indian Constitution, sports regulation falls within the jurisdiction of the states, as stipulated in Entry 33 of the State List of the Seventh Schedule. However, sports are played on both national and global stages, leading to a complex interplay between state and national regulatory frameworks. National sports organizations such as the Athletic Federation of India (AFI) and the Board of Control for Cricket in India (BCCI) operate with considerable autonomy. Despite their self-governing status, these bodies are subject to oversight by the judiciary, with the Supreme Court and various High Courts having the authority to review their operations under Articles 12 and 226 of the Constitution. This judicial scrutiny is essential because these organizations undertake state-like functions, such as selecting national teams and representing the country in international sporting events.
The paper examines the recommendations of the Justice R.M. Lodha and Mukul Mudgal Committees, which were tasked with addressing issues of corruption and regulatory inefficiencies in Indian sports, notably concerning the Indian Premier League (IPL). These committees advocated for the establishment of separate governing bodies for the BCCI and IPL, increased regulation of player agencies, and significant changes to governance structures to better safeguard the interests of players and ensure transparency.
Several critical issues in Sports Law are highlighted, including contract disputes, employment contracts, competition law, intellectual property rights, and doping. Contractual agreements are becoming increasingly complex, covering not only business arrangements but also athlete behavior, discipline, and financial matters. Employment contracts for athletes and coaches are central to the commercialization of sports, while competition law addresses antitrust issues affecting professional leagues. Intellectual property concerns, particularly related to broadcasting rights and brand marketing, are also significant. The problem of doping remains pervasive, with ongoing challenges related to implementation, testing procedures, and regulatory compliance. The paper concludes that there is a pressing need for comprehensive national legislation to address these issues effectively. Proposed legislative measures should include the establishment of a Sports Commission responsible for regulating and overseeing sports activities in India. This Commission would support talent development, provide guidance to the Ministry of Sports and Youth Affairs, ensure proper fund allocation, and oversee the implementation of sports policies. Additionally, the legislation should integrate sports into the educational system, involve local entities in sports infrastructure development, and shift sports associations and federations from the Societies Registration Act to the new legal framework. The Commission should also be empowered to resolve disputes and investigate financial mismanagement. Such a legislative overhaul is crucial to align Indian sports law with international standards, foster a transparent and well-regulated sports environment, and address the evolving demands of the sports industry.