What is National Sports Code and its features
It keeps national federations accountable and sets a standard for the smooth functioning of all such organizations.
The National Sports Code has the sole aim to bring transparency and accountability to the functioning of national sports federations (NSFs). Any governing body that does not fall in line with the rules outlined in the code shall not receive any government grants, according to the Delhi High Court. In January 2021, the High Court called on the Union Sports Ministry to ensure that the NSFs comply with the Sports Code and amend their Constitution/by-laws accordingly.
The Courts are running out of patience with some of the NSFs that are not falling in line with the prescribed National Sports Code. One of the recent incidents where the Supreme Court of India had to intervene was the All India Football Federation (AIFF) elections controversy. The governing body for football had not held elections for the post of President according to the guidelines laid down in the Sports Code. As per rule, 12 years (three terms of four years each) is the maximum term for an NSF chief under the Sports Code.
Following an intervention by the Supreme Court, Praful Patel and his Executive Committee were shown the door. A Committee of Administrators (CoA) was set up to look after the daily affairs of the body until a new Constitution could be drafted and fresh elections were held. Eventually, FIFA took the step to ban AIFF after finding undue 'third-party influence' in its functioning, which was a violation of FIFA statutes. However, in a recent SC hearing, the apex court has decided that no third-party intervention will be there. The SC has disbanded the CoA and has asked the AIFF to run the show again.
What is the National Sports Code?
As aforementioned, the sole aim of the National Sports Code is to develop a culture of transparency and accountability in the functioning of national sports federations. Formerly known as the National Sports Development Code of India, it strives to promote good governance practices in the management of sports at the national level. Its policies do not contradict or interfere with the autonomy of the national sports bodies.
The duty of the Sports Code is to keep the NSFs compliant in their duties of regulating sports and eradicating evils like preventing racism in sports, eradicating doping, preventing age fraud, protecting athletes‘ rights, preventing child abuse and sexual harassment in sports, protecting gender equality, preventing betting and gambling in sports.
Salient Features
Listed below are some of the salient features of the National Sports Code. Every NSF must abide by them and the inability to do so will lead to disciplinary action against them. The following areas are a few of the many that the Sports Code covers for the smooth functioning of NSFs and sport in general across the land:
Restoring limits on tenures of office bearers
One of the major initiatives that the government took through the National Sports Code is limiting the tenure of the office bearers in the NSFs. As per rule, no office bearer can stay in a position for over 12 years. Praful Patel had exceeded his tenure and rejected holding fresh elections which eventually led to his expulsion.
Patel ceased to be the president on 21 December 2020, both as per the AIFF Constitution and the National Sports Code. But the Committee's suspension came on 18th May, 2022, after the Supreme Court of India issued an order.
Annual Recognition of National Sports Federations
The organisations that follow the National Sports Code and whose Constitutions abide by the guidelines enjoy various facilities/ concessions provided by the Government of India. Failure to do so leads to losing the right to select national teams and represent India in any international event. If NSFs do not fall in line with the Code, they are not allowed to use the word 'India' in their name. For instance - The All India Football Federation. It will lose the right to regulate and control the concerned sport in the country if it flouts the norms of the Sports Code.
Setting roles and responsibilities for agencies
The National Sports Code also lays down the roles and responsibilities of agencies such as the Ministry of Youth Affairs and Sports (MYAS), National Sports Federations (NSF) and the Sports Authority of India (SAI). The MYAS determines the eligibility conditions for recognition of NSFs among other duties.
By definition, the NSFs are fully responsible and accountable for the overall management, direction, control, regulation, promotion, development and sponsorship of the discipline for which they are recognized by the concerned International Federation. Lastly, SAI provides the necessary support to NSFs for the identification, training and coaching of sportspersons, including the provision of infrastructure and more.
There are multiple more duties that the MYAS, NSFs and the SAI must deliver upon for the betterment of sports in India as laid down in the Sports Code.
Annual Recognition of NSFs
The purpose of this is to make sure that the NSFs have basic standards, norms and procedures with regard to their internal functioning. They should conform to the laws laid down by the concerned International Federations. Every year, the NSFs must submit detailed documentations for a grant of recognition. Failure to do will lead to loss of recognition and the benefits/rights that come along with it.
Long Term Development Plans (LTDP)
Sports Code clarifies that in order to receive assistance from the government, NSFs must submit LTDPs. The guidelines for submitting an LTDP have been clarified in the Sports Code wherein they should contain detailed planning in areas like development of sportsperson, coaching, officiating, participation, broadcasting, development of clubs, domestic tournament, schedule, participation in international tournaments, hosting of major events, professionalization of management, financial management, marketing, promotion, sports sciences, facilities, equipment and special projects.
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