AIFF approaches Supreme Court again; ambiguity remains over clauses in draft constitution

The apex court is expected to hear the matter on October 10.

Indian Football is again knocking on the doors of the Supreme Court as the All India Football Federation (AIFF) has approached the court to seek elucidation on multiple clauses of the draft constitution. The apex court approved the draft constitution last month, putting an end to a protracted legal battle that spanned eight years.

The Supreme Court had directed the federation to ratify the constitution and adopt it in a special general body meeting, preferably within a month. However, the clouds of chaos are hovering over again as the matter has again reached the court.

However, AIFF has now approached the Supreme Court seeking a review of two contentious clauses in its new constitution before its scheduled adoption on October 12.

During a meeting held in New Delhi on Tuesday, the AIFF Executive Committee unanimously decided to file a review petition concerning Articles 23 and 25 of the Constitution.

The case, which specifically challenges Articles 23.3 and 25, was mentioned in the Supreme Court today by Senior Advocate Siddharth Luthra on behalf of the federation

Chaos over two clauses

The clauses that have pushed AIFF to approach the Supreme Court again are Article 23.3 and 25. Article 23.3 states, “Any such amendment shall not be given effect to without the leave of the Hon’ble Supreme Court.” It means that to amend any provisions of the constitution, AIFF will have to take the permission of the apex court, and without its supervision, no amendments can be made.

This Article 23.3 has raised questions about “third-party interference.” Any “third-party interference” results in a ban from the global football governing body FIFA. Indian Football was banned for the same reason in 2022.

Article 25 of the constitution states, “In the event a person is elected as an Office-Bearer in the Executive Committee of the AIFF and holds a position of an Office-Bearer in a Member Association, he/she shall automatically be deemed to have vacated his/her position in the Member Association.”

State officials have objected to Article 25, citing that FIFA does not have any such provision that restricts simultaneous membership in the state federation. They have expressed their willingness to resign en masse if the constitution, along with this provision, comes into force.

Also Read: Supreme Court ruling on AIFF draft constitution case brings promotion-relegation, player voting rights and questions over FIFA ban

Several Executive members are office bearers in state associations as well, leading to this chaos. If the provision comes into force, the majority of the executive committee will be ineligible to hold offices in state federations. The special general meeting is scheduled on October 12, where the constitution is expected to be adopted.

FIFA deadline approaching

Amid all this, an eye should be on the deadline that FIFA has given to AIFF to finalize the draft constitution. If the federation has to finalize the constitution before October 30. In case of failure to abide by the timeline, India may face another ban from FIFA.

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