A New Era In Sports: Analyzing The Draft National Sports Governance Bill 2024

Introduction:

Union Sports Minister Dr. Mansukh Mandaviya emphasized that the Draft National Sports Governance Bill 2024 is a pivotal step towards creating a strong and transparent sports governance structure in India[1].The bill outlines a comprehensive framework on developing and well-faring sportspersons, ensuring ethical governance in proper mechanisms for resolving disputes. It reflects the commitment of the government to ensure accountability, fair dealing, and growth of sports in the country.

The Draft National Sports Governance Bill 2024 seeks to establish an effective sports governance structure in India by empowering athlete-centric federations, making the policy of Safe Sports, and instituting the Appellate Sports Tribunal. This initiative will elevate athletes, promote welfare issues, and strengthen India’s global sports presence, aligning with Prime Minister Modi’s vision of ‘Viksit Bharat’ by 2047. The goal is to make sports a flagship identity of national pride and growth[2].

Key Provisions Of The Bill:

Chapter I: Definitions and Key Terms

The first chapter of the Draft National Sports Governance Bill, 2024 introduces key terms used throughout the bill, such as the Appellate Sports Tribunal, Athletes Commission, and National Sports Federation (NSF). These terms are critical for understanding the bill’s provisions.

Chapter II: Formation and Recognition of National Olympic Committee, National Paralympic Committee, and National Sports Federations

Establishment and recognition of the National Olympic Committee (NOC) and the National Paralympic Committee (NPC): It states that NOC and NPC shall be recognized by the Sports Regulatory Board of India. Affiliation with international organizations: The NOC shall be affiliated to the International Olympic Committee (IOC) and NPC to the International Paralympic Committee (IPC). The chapter asserts that only one organization can be recognized as NOC or NPC and discusses the circumstances under which this can happen. They have to be registered societies or not-for-profit organizations with the prime objective of sports development. The bill also allows for dual recognition of one organization as NOC and NPC in exceptional circumstances, subject to fulfilling all the requirements. The chapter further provides that for every sport recognized by the Sports Regulatory Board of India, there shall be only one NSF, which shall adhere to governance standards and regulations.

Chapter III: Constitutions of National Olympic Committee, National Paralympic Committee, and National Sports Federations

The chapter is therefore focused on constitutional requirements on NOC, NPC, and NSF, including the fact that constitutions of the bodies be in harmony with principles of good governance, transparency, and ethical conduct that find expression in international charters. That way, all sports organizations will operate with fairness and integrity. Governance structures must also support accountability and the involvement of various stakeholders in decision-making processes.

Chapter IV: Sports Regulatory Board of India

This chapter determines the board as the apex governing authority for sports in India. It coordinates and oversees NSFs, NOCs, and NPCs with responsibilities to ensure that they satisfy governance principles as stipulated in their constitutions. Thus, this chapter outlays the Board’s powers with relating to observation of governance and ethics and providing advisory services regarding sports-related governance matters. The Board assumes a pivotal role to ensure that sports organizations in India uphold high standards of integrity and professionalism.

Chapter V: Governance Structure

The chapter provides a comprehensive framework for the governance of NSFs, NOCs and NPCs, a culture rich in transparency and accountability. The three bodies must be given an Executive Committee that determines policy and procedure, as well as a General Assembly, which makes decisions and oversees operations. Regular reporting requirements are put on them so that these bodies function transparently and answerable to stakeholders, which include athletes, coaches, and sports fraternity.

Chapter VI: Athletes Commission

This chapter deals with the creation of an Athletes Commission in NSFs, NOCs, and NPCs. The commission would serve as a voice for representation of athletes in governance decisions. The bill requires the composition of such a commission, consisting of past and present athletes so that they have a say in policy and decision-making discussions affecting their professional lives and the respective sports they represent. This goes a long way in promoting athlete welfare while ensuring that decisions in governance are taken with consideration from those directly affected.

Chapter VII: Ethics Commission

Each NSF, NOC, and NPC is required to establish an Ethics Commission, which is responsible for overseeing ethical issues within the organization. The Ethics Commission plays a critical role in addressing matters such as corruption, conflicts of interest, and governance violations. This chapter provides guidelines for the operation of the Ethics Commission, ensuring it functions independently and transparently. The Ethics Commission is expected to investigate breaches of ethical conduct and ensure that sports organizations operate with integrity.

Chapter VIII: Dispute Resolution Mechanism

This chapter introduces a Dispute Resolution Mechanism in sports organizations. The bill provides that NSFs, NOCs, and NPCs shall establish Dispute Resolution Commissions so as to address disputes within their internal spheres. All processes for conflict resolution of bodies within sports have been outlined and emphasized here as necessary to be fair and efficient. The SD Code helps in establishing a framework for the redressal of grievances, such as disputes regarding governance, eligibility, and elections, so that issues are resolved without unnecessary delays that would potentially affect the functioning of sports organizations.

Chapter IX: Offenses and Penalties

The chapter Offenses and Penalties gives information on the offenses related to sports governance-the corrupt practice, misrepresentation, conflict of interest, and negligence. It outlines penalties against individuals and organizations guilty of these offenses, holding them accountable for their actions in sports governance. This framework defines penalties against unethical and unlawful behavior committed within sports organizations, providing the need to maintain higher ethical standards at all levels of governance.

Chapter X: Sports Appellate Tribunal

A Sports Appellate Tribunal shall be established for redressing the grievances and disputes that may arise within the sports governance framework. The appeals, if any, from the decisions of the Sports Election Panel would be dealt with and governance-related problems in NSFs, NOC, and NPC would be resolved. The Tribune would comprise legal luminaries as well as experienced sports administrators so that it can tackle both the legal as well as administrative complexities. It can exercise power to questions of election disputes, or questions of eligibility, or procedural irregularities. The chapter also emphasizes that the Tribunal would have to follow principles of natural justice, whereby parties to a dispute are heard before any decision is made. Decisions of the Tribunal are conclusive and binding, finally putting to rest disputes. The Tribunal is mandatorily under an obligation to dispose of the case as soon as possible in order not to cause interference with the operations of the sports organizations. Its powers include issuance of orders and directives and levy of penalties or corrective measures where governance violations have been detected.

Conclusion:

The Draft National Sports Governance Bill 2024[3] aims at revolutionizing the governance of sports in India: to promote transparency and accountability for athlete welfare. Again, provisions made in the bill for setting up a strong governance structure for national sports bodies such as NOC, NPC, and NSFs deal with ethical governance, representation of athletes, and effective redressal of disputes by the Sports Appellate Tribunal. It ensures that sports organizations function with integrity by making guidelines on ethical behavior and governance standards binding upon them. In other words, it was the same vision presented by the government to make sports a key pillar of national pride and growth by 2047.

[1]All India Radio, 2024. Sports Minister chairs meeting on Draft National Sports Governance Bill 2024 with IOA, NSFs. [online] Available at: <https://www.newsonair.gov.in/sports-minister-chairs-meeting-on-draft-national-sports-governance-bill-2024-with-ioa-nsfs/> [Accessed 18 October 2024].

[2] Press Information Bureau, 2024. Dr. Mansukh Mandaviya Chairs Stakeholders Consultation Meeting with IOA, NSFs, and NSPOs on Draft National Sports Governance Bill 2024. [online] Available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2065733 [Accessed 18 October 2024].

[3] Ministry of Youth Affairs and Sports, 2024. Draft National Sports Governance Bill 2024. [online] Available at: https://www.yas.nic.in/sites/default/files/Draft%20National%20Sports%20Governance%20Bill%20-2024.pdf [Accessed 18 October 2024].