AIFF waits for FIFA word on new Constitution
Panaji: The All India Football Federation (AIFF) is waiting eagerly to hear from FIFA, the governing body for world football, if the recently-approved Constitution by the Supreme Court meets its requirements.
Last month, FIFA and the Asian Football Confederation (AFC) asked AIFF to “secure a definitive order” from the Supreme Court approving the revised constitution, ensure that it is aligned with their statutes and get it approved by the federation’s general body before the deadline of Oct 30.
India was also reminded of its obligation to “manage its affairs independently and without any undue third-party influence, including government bodies.”
In his status report submitted to the Supreme Court, former Supreme Court Justice L Nageswara Rao, who drafted the Constitution, said the draft was sent to FIFA and AFC before submission to the apex court. “A mail was sent by FIFA on 29.07.2023 conveying that they have no further objections except a few suggestions that were made to certain clauses in the draft Constitution,” said Justice Rao, adding that the amendments were incorporated.
FIFA’s concerns at the time related to percentage of player representation in the AIFF's constitutional bodies, provisions related to conflict of interest and third party intervention in governance of the federation.
“Some (sub)clauses which were deleted from the draft constitution are now back in the (new) Constitution,” said a senior official.
A bench of Justices P S Narasimha and Joy Malya Bagchi reinstated clauses (b) and (c) of the provision relating to conflict of interest, terming them as very important. “Firstly, they are against holding two offices at the same time. Second, they will ensure that an official at the national federation is not overworked with responsibilities at a member association and vice versa.”
The reinstatement of the clauses means if 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 (state) association, he/she shall automatically be deemed to have vacated his/her position in the member association.
FIFA, AIFF and state associations had all “submitted that there would be no conflict if a person holds both the offices.”
There are also concerns in some quarters if Supreme Court’s direction that any amendment “shall not be given effect” to without its approval, would be seen as third party influence.
“This appears to be only a temporary measure,” said another official. “Supreme Court has made it clear that it is not appropriate to have continuous monitoring (by the courts). Once the process is brought to its logical end (with adoption by the general body), such monitoring will not be needed.”
FIFA suspended India on Aug 16, 2022 for third-party influence after the Supreme Court appointed a committee of administrators (CoA) to run the federation. Ten days later, the ban was lifted after the mandate of the committee of administrators was terminated.
Last month, FIFA and the Asian Football Confederation (AFC) asked AIFF to “secure a definitive order” from the Supreme Court approving the revised constitution, ensure that it is aligned with their statutes and get it approved by the federation’s general body before the deadline of Oct 30.
In his status report submitted to the Supreme Court, former Supreme Court Justice L Nageswara Rao, who drafted the Constitution, said the draft was sent to FIFA and AFC before submission to the apex court. “A mail was sent by FIFA on 29.07.2023 conveying that they have no further objections except a few suggestions that were made to certain clauses in the draft Constitution,” said Justice Rao, adding that the amendments were incorporated.
FIFA’s concerns at the time related to percentage of player representation in the AIFF's constitutional bodies, provisions related to conflict of interest and third party intervention in governance of the federation.
A bench of Justices P S Narasimha and Joy Malya Bagchi reinstated clauses (b) and (c) of the provision relating to conflict of interest, terming them as very important. “Firstly, they are against holding two offices at the same time. Second, they will ensure that an official at the national federation is not overworked with responsibilities at a member association and vice versa.”
The reinstatement of the clauses means if 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 (state) association, he/she shall automatically be deemed to have vacated his/her position in the member association.
FIFA, AIFF and state associations had all “submitted that there would be no conflict if a person holds both the offices.”
There are also concerns in some quarters if Supreme Court’s direction that any amendment “shall not be given effect” to without its approval, would be seen as third party influence.
“This appears to be only a temporary measure,” said another official. “Supreme Court has made it clear that it is not appropriate to have continuous monitoring (by the courts). Once the process is brought to its logical end (with adoption by the general body), such monitoring will not be needed.”
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