Supreme Court orders AIFF to begin football season; Justice Nageswara Rao to oversee ISL tender process

The Supreme Court passed an order on Tuesday, paving the way for the commencement of the new season.

The Supreme Court has passed the much-awaited order on the All India Football Federation (AIFF) Draft constitution case on Tuesday.

Clearing the roadblocks for the commencement of the new Indian Super League (ISL) season, the two-judge of bench of Justice Sri Narasimha & Justice Joymalya Bagchi, has instructed the AIFF to take necessary steps.

The interim order will set things in motion after the indefinite suspension of ISL over the breakdown of negotiations between AIFF and FSDL. Now, with this order, ISL clubs have a roadmap to look forward to. It is important to note that this order is only in relation to the dispute over the Master Rights Agreement (MRA) between AIFF and FSDL. The agreement will expire in December this year, and the lack of clarity over its renewal led to the indefinite suspension of ISL.

The Supreme Court will soon pronounce judgment on the draft AIFF constitution, which is the main area of jurisprudence of this case. The legal proceedings over a new AIFF constitution have been going on since 2017. After hearing submissions from all the parties, the Supreme Court is finally set to deliver its judgment.

No fresh elections of AIFF

Despite strong arguments made in court on Monday, including calls from Prashant Bhushan, who is representing Delhi FC, and Bhaichung Bhutia’s counsel for fresh AIFF elections before finalising the new commercial rights deal, the Supreme Court chose not to intervene on that front in its order today.

No direction for elections was issued, with the court instead focusing on ensuring the immediate resumption of the football season. The absence of any direction over fresh AIFF elections has kept the danger of FIFA at bay, for now. In the final judgment, which is due in a few days, if the Supreme Court legislates on a fresh election, alarm bells will ring in the FIFA headquarters, and a reaction to it might result in a ban due to third-party intervention.

Alignment of AIFF draft constitution with National Sports Governance Act

The Supreme Court observed that the draft AIFF Constitution is largely in line with the provisions of the upcoming National Sports Governance Act, 2025. However, the bench also acknowledged the submissions made by senior counsels, who raised concerns regarding the autonomy of sports bodies. The Court assured that these issues would be carefully considered before delivering its final decision on the draft constitution.

“On the National Sports Governance Act, 2025, the learned amici curiae have submitted that the draft constitution substantially in consonance with the provisions of the Act, which is yet to be notified. They have also brought to our notice certain additional features in the Act.

We also heard Mr. Rahul Mehra, appearing in person and Ms. Menaka Guruswamy and Mr. Raghenth Basant, senior counsels who have expressed certain concerns about autonomy. We will consider their submissions before finalising our decision on the draft constitution,” the directive read.

Directions to AIFF to take measures

The Supreme Court has nudged AIFF to commence the season as it has been mentioned in the joint proposal submitted by the federation and the commercial partner.

“We direct AIFF to take such measures as may be necessary for timely commencement of football calendar and to maintain competitive continuity for the 2025-2026 season with respect to Super Cup and other competitions under its control,” read the order.

“Mr. Ranjit Kumar, for AIFF and Mr. Neeraj Kishan Kaul, for FSDL have assured us that their clients will make every effort to ensure that every effort will be made for timely commencement of football calendar and to maintain competitive continuity. We have also recorded the agreement of FSDL as indicated at point no. 7 of the note extracted hereinabove in paragraph 4 of this order.

We have no hesitation in recording that their collaborative effort is a significant step in the evolution of Indian football. This shared commitment will go a long way in institutionalising domestic, national and international events,” the order added.

Justice Nageswara Rao to preside over ISL tender process

The joint proposal by AIFF and FSDL mentioned that one of the ‘Big 4’ firms may monitor the tender process. But the Supreme Court has appointed Justice Nageswara to carry out that exercise.

“The AIFF shall also issue necessary tenders inviting bids for open, competitive and transparent process for selection of its commercial partner to conduct Indian Super League.

For this purpose, we have requested and upon his agreement, appoint Justice L. Nageswara Rao, former Judge of this Court to ensure that the selection process enures in identifying a competent, reputed and an efficient firm as a commercial partner to conduct ISL, in line with global best practices.

Justice L. Nageswara Rao may also appoint one or two professionals to assist him in this regard,” the Supreme Court directed.

This is a developing story with more to follow..

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