'We Hope This Makes Real Difference To Indian Football' : Supreme Court Finalises AIFF Constitution, Directs Adoption Within Four Weeks

The Supreme Court on Friday (September 19) finalised the draft of the Constitution of the All India Football Federation (AIFF). It directed the Federation to convene a General Body Meeting at the earliest, preferably within four weeks, to adopt the Constitution.

A bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi passed the judgment in AIFF's plea against Delhi High Court's 2017 judgment that quashed the election of AIFF office-bearers, including then President Praful Patel, following a petition by sports activist and lawyer Rahul Mehra.

The Court linked the importance of sport to the constitutional ideal of fraternity -

"Unlike rights that can be enforced through law, fraternity is not amenable to judicial command, must be nurtured through lived experience of unity, trust and shared endeavours. National, international, regional and even mohalla sports in India serve as a Karma Bhoomi, where coalition and collective purpose take tangible form. They bring together individual and diverse social, linguistic and cultural backgrounds under the common pursuit, embodying the constitutional value of fraternity where individual and collective aspirations find a way to coalesce."

The Supreme Court has been monitoring AIFF's management and the conduct of national-level football tournaments and leagues. After examining a draft constitution for the Federation, it reserved the case for judgment.

Today, the Court approved the draft, which had incorporated suggestions from various stakeholders, with certain modifications. Justice Narasimha said the Court had examined all the provisions in the draft and substantially approved almost all clauses.

The Court recorded its expectation that the new Constitution would bring about institutional changes in Indian football. The Court observed, “We are of the firm hope that the constitution, once adopted, will mark a new beginning of Indian football and take the sport to greater heights.”

Recognising the election of the current AIFF office-bearers to be final, the Court noted that only one year of their tenure remains and that there was no point in disrupting it. “We have said that only one year is left, so the contest is unnecessary...There is no point in cutting it in between,” Justice Narasimha said.

After the pronouncement, Justice Narasimha remarked, “We hope this makes a real difference in the world of football because of the institutionalisation that is going to happen...The impact of sports is not just the sport, the effect of sport on the country, and on our psyche...that's why we have dealt with why sport is so very important for fraternity, which is not otherwise enforceable in law. These are the means and ways by which the other principles of fraternity can be brought together.”

Background

The Delhi High Court found that the elections violated the National Sports Code and appointed former Chief Election Commissioner SY Quraishi as Administrator. Quraishi was to resolve membership disputes, prepare a fresh Electoral List, conduct elections in compliance with the Sports Code, and ensure that the AIFF Constitution was amended to conform to the Code before a new round of elections.

When the case came before the Supreme Court on appeal, it constituted a three-member Committee of Administrators to facilitate elections and prepare a new Constitution. The draft Constitution was circulated to stakeholders for comments, objections, and suggestions.

In May 2023, the Court appointed former judge Justice L. Nageswara Rao to consider the draft and the inputs received from various stakeholders, including FIFA, the Indian Olympic Association, the Ministry of Youth Affairs and Sports, State Associations, Rahul Mehra, AIFF and Football Sports Development Limited (FSDL), which runs private football franchises. Justice Rao was asked to submit a comprehensive report after hearing all stakeholders.

While this process was ongoing, the Court placed an embargo on AIFF entering into any binding contracts until the Constitution was finalised. Meanwhile, the National Sports Governance Act, 2025 was enacted, creating new requirements for national sports bodies. At the same time, AIFF and its commercial partner FSDL were unable to agree on the terms for conducting the Indian Super League.

On September 2, 2025, with the 2025-26 season approaching and uncertainty over the Indian Super League, the Supreme Court accepted a joint proposal from AIFF and FSDL and lifted the embargo to the extent of allowing AIFF to issue tenders.

It directed AIFF to take measures for the timely commencement of football competitions, including the Super Cup and other tournaments, and to issue tenders for a transparent and competitive process to select its commercial partner for the Indian Super League. Justice Rao was also tasked with ensuring that a competent and reputable firm is appointed as the commercial partner to conduct the league.

The Amici Curiae submitted that the draft Constitution examined by the Court was substantially in consonance with the new Act, and some counsels expressed concerns about autonomy. The Court said that it will consider their submissions before finalising its decision on the draft Constitution.

Case no. – SLP(C) Nos. 30748-30749 of 2017

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