FIFA’s red card to AIFF reveals disturbances in football administration

As a federation of state football associations, the AIFF is the sport’s governing body in India, with the oversight of the Ministry of Youth Affairs and Sports to formally recognize national sports bodies. The FIFA ban has turned the legal crisis affecting the AIFF to a head for the past 10 years. A brief description of the legal process is instructive before understanding the reasons for FIFA’s ban.

Taking cognizance of some complaints, the Delhi High Court in October 2017 quashed the AIFF’s December 2016 election results and appointed SY Qureshi as administrator-cum-returning officer to conduct the elections within the stipulated time frame. The AIFF challenged this in the Supreme Court, which in its November 2017 order stayed the decision of the Delhi High Court and asked former Chief Election Commissioner SY Qureshi and former India captain Bhaskar Ganguly to be the administrators to draft the constitution of the AIFF. Committee (CoA). With the National Sports Development Code of India, 2011, and, conducting elections and ensuring the constitution of the Executive Committee.

Indian football’s long and difficult legal road can be best understood from the fact that in May 2022, the Supreme Court had to intervene once again, removing AIFF office bearers for not holding elections, and Justice Qureshi, Ganguly and Justice. Had to modify his 2017 order to re-appoint. Retired) Anil Dave as CoA. The court order empowered, “…the COA after considering the suggestions/objections to provide its inputs for facilitating the adoption of the Constitution of AIFF under the directions of the Court. It was also directed to prepare an electoral college for the purpose of conducting elections to the Executive Committee as per the provisions of the proposed constitution.

The CoA submitted its final draft of the AIFF’s constitution to the court on July 15, aligning it with the ministry’s National Sports Development Code. On August 3, 2022, the court approved the COA-recommended election timetable while hearing objections to the draft. The court also decided to take forward the COA’s recommendation to set up an electoral college comprising representatives of 36 state associations and 36 former football players. The ministry, represented by Additional Solicitor General Sanjay Jain, also supported the inclusion of 36 sportspersons in the electoral college. The Court also observed, in passing, “… we have also taken note of the fact that the Model Laws being notified by FIFA also consider fair representation of sports players.”

After that the fun and games begin.

FIFA’s sudden decision to ban the AIFF on August 14, 2022 took everyone by surprise, especially as the sporting body was in constant discussions with the CoA, AIFF and the Sports Ministry about holding elections. In a letter to the AIFF, it had expressed its objection to the inclusion of 36 former players in the Electoral College, although the AIFF had no objection to co-opting 25 per cent of the executive committee strength as former players. Oddly, it also wanted the end result to be balanced with sovereign guidelines.

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In a statement issued after the ban, the CoA felt that FIFA’s communication was broadly in line with the electoral process initiated under the leadership of the Supreme Court. “…COA is shocked by the decision of the world body to impose suspension on Indian football amid ongoing discussions among all stakeholders to find the best possible solution in the current situation. The fact that FIFA’s letter dated August 15, 2022 states that Indian football is being suspended with effect from August 14, 2022, was in full swing between the world body and all stakeholders in India till late night of August 15 . , 2022.”

The vague wording of the ban decision has also given rise to many speculations, especially since the first AIFF president is part of the FIFA decision-making body: “The Bureau of the FIFA Council unanimously decided to suspend the All India Football Federation (AIFF). With immediate effect due to undue influence of third parties, which is a serious violation of FIFA law.”

The specific clause—”Undue influence from third parties”—has started the guessing game. Is FIFA objecting to the elections being held under the auspices of the Supreme Court? Or, is it the COA’s selection of an independent returning officer and an assistant returning officer? demanding autonomy.

The Supreme Court on Wednesday asked the Indian government, represented by Solicitor General Tushar Mehta, to work on lifting FIFA’s AIFF ban. The final whistle clearly goes a long way in this game.

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