Two clauses of the draft constitution—one relating to the requirement of Supreme Court (SC) approval for amendments and another prohibiting office-bearers from holding dual posts in the All India Football Federation (AIFF) and state units—have caused considerable concern among the top brass.
“The Constitution was adopted without the two clauses, pending directions from the Supreme Court,” a senior AIFF official told PTI.
The AIFF issued a statement confirming that “the revised constitution was adopted with twenty-nine permanent members voting in favour of the resolution.” It further clarified, “The general body of AIFF adopted the revised Constitution along with changes recommended by the Hon’ble Supreme Court of India.”
However, AIFF also noted that it has sought clarifications from the Supreme Court regarding the application of Articles 23.3 and 25.3 (c) and (d). “The adoption of these two articles remains subject to further directions of the Hon’ble Supreme Court of India,” the statement added.
### Presence of FIFA and AFC Officials
The Special General Meeting (SGM) was attended by Emilie Doms, FIFA Manager for Member Association Governance Service; Sonam Jigmi, Senior Manager of the South Asian unit at the AFC’s Member Association Division; and Prince Rufus, FIFA Regional Office Development Manager, South Asia.
### Legal Proceedings and Clarifications Sought
The AIFF had approached the Supreme Court on Thursday seeking clarification on clauses 23.3 and 25.3 (c) of the draft constitution, following objections raised by FIFA, the world governing body of football.
An SC bench instructed the AIFF on Friday to inform the SGM “that the Supreme Court has agreed to give the clarification.” The Court also announced that it would consult with Justice (retd) Rao on the two clauses and requested him to submit a report.
Following these directions, the AIFF and other stakeholders held a virtual meeting with Justice Rao on Saturday to discuss the matter. According to reliable sources, the Supreme Court may take up the issue on Monday or Tuesday after receiving Justice Rao’s report.
When asked about the AIFF’s next steps, a senior official said, “We can’t say anything about what the Supreme Court will do; we have to wait and watch.”
Earlier, FIFA had set a deadline of October 30 for AIFF to adopt the new constitution or face the risk of suspension.
### Key Clauses in Question
– **Article 23.3** states:
“Any such amendment shall not be given effect to without the leave of the Hon’ble Supreme Court.”
– **Clause (c) of Article 25.3** 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.”
If Article 25.3(c) is adopted, a majority of AIFF’s Executive Committee members may be forced to relinquish office-bearer positions in their respective state units. However, they can retain these roles if they resign from the AIFF Executive Committee.
Currently, the AIFF Executive Committee consists of 16 elected officials and six co-opted eminent former players with voting rights. Out of the 16 officials, at least 12 also hold positions in the state units—some as presidents, secretaries, or executive committee members—and will be impacted by this clause.
Most of these officials are likely to prefer retaining their association with their state units, especially since the AIFF election is less than a year away.
This particular clause was included in the draft constitution formulated by the Committee of Administrators (CoA), headed by former Chief Election Commissioner of India SY Quraishi. Notably, it was absent in the document prepared by Justice Rao but was reinstated by the Supreme Court following pleas from certain stakeholders during hearings.
### Important Provisions of the Adopted Constitution
The draft constitution, prepared by Justice Rao under the Supreme Court’s direction, proposes several significant changes:
– **Term Limits:**
A person can hold office for a maximum of 12 years during their lifetime, subject to serving no more than two successive terms of four years each.
– **Executive Committee Composition:**
The AIFF Executive Committee will comprise 14 members under age and tenure restrictions, including one president, two vice presidents (one man and one woman), one treasurer, and ten other members. Of these ten, five will be eminent players, including two women.
– **No-Confidence Motion:**
The constitution provides provisions for the removal of office bearers, including the president, through a no-confidence motion.
– **Top-Tier Football League Ownership:**
Under the new constitution, India’s top-tier football league can no longer be owned or operated by private entities. The AIFF will have sole ownership and responsibility for operating the top division league.
Football Sports Development Limited (FSDL), a subsidiary of Reliance Industries, has been running the Indian Super League (ISL)—the country’s premier domestic football competition—since its inception in 2014.
– **Promotion and Relegation System:**
The constitution mandates that the top league implement a promotion and relegation system, aligning Indian football with global governance standards.
—
These constitutional reforms aim to enhance governance, ensure transparency, and align AIFF operations with international football norms as India continues to develop its football ecosystem.
https://indianexpress.com/article/sports/football/aiff-adopts-sc-approved-constitution-contentious-clauses-10303245/