GOVERNING CRICKET AND BEYOND: CAN THE NATIONAL SPORTS GOVERNANCE BILL TURN AUTONOMY INTO ACCOUNTABILITY

THE CONTEXT: On 23 July 2025 the Union Ministry of Youth Affairs and Sports tabled the National Sports Governance Bill, 2025 in the Lok Sabha. The timing is deliberate: India has formally entered the race to host the 2036 Summer Olympics and must show the International Olympic Committee that its domestic governance meets global best-practice standards. Together with the recently cleared National Sports Policy (NSP) 2025, the Bill signals a decisive move from soft executive guidelines to a binding statute that can withstand judicial scrutiny and international evaluation.

EVOLUTION OF SPORTS GOVERNANCE IN INDIA:

PERIODMILESTONESALIENT OUTCOME
1951–1983First Asian Games (1951); All-India Council of Sports (1954)Early advisory structures but no statutory teeth.
1984 PolicyFirst National Sports PolicyCalled for mass participation and elite excellence; later operationalised through Sports Authority of India (1986).
Sports Code 2011Executive guidelines on age (70 yr) and tenure (12 yr) limits, audit norms and athlete representation.Improved transparency but lacked legal force, leading to piecemeal compliance and frequent court battles.
2025 BillStatutory regulator and tribunalGrants enforcement powers, aligning with the Olympic Charter’s requirement that National Olympic Committees comply with the law of the land.

The trajectory shows incremental tightening of governance, culminating in the current draft which for the first time establishes civil and penal consequences for non-compliance.

KEY PROVISIONS OF THE NATIONAL SPORTS GOVERNANCE BILL, 2025:

CLAUSESTATUTORY MECHANISMGOVERNANCE GAIN
National Sports Board (NSB)Registers, recognises, audits and can de-recognise National Sports Federations (NSFs). Includes government nominees, athlete representatives and domain experts chosen by a search committee.Single-window oversight; ends fragmented supervision.
National Sports Tribunal (NST)Exclusive first-instance forum for selection, election and disciplinary disputes; decisions appealable only to the Supreme Court.Decongests High Courts; ensures subject-specialist adjudication.
Election Oversight PanelFormer Election Commissioners supervise NSF elections.Institutionalises electoral integrity principles.
Age & Tenure Limits70 years (extendable to 75 in alignment with international statutes); three consecutive terms totalling 12 years followed by cooling-off.Tackles leadership entrenchment while allowing continuity.
Mandatory RepresentationMinimum four women and two international athletes on every NSF executive committee.Mainstreams gender equity and athlete voice; aligns with Sustainable Development Goal 5.
BCCI CoverageBrings the Board of Control for Cricket in India within NSB oversight, mandatory government recognition and the Right to Information Act, 2005.Ends “exceptionalism” of cricket; harmonises with other sports.
Safe-Sport MandateCompulsory grievance redressal units for harassment and doping; requirement to adopt a Safe-Sport Policy.Institutionalises athlete welfare and integrity safeguards.
Financial TransparencyAnnual audited statements mandatory for every NSF receiving public funds, published in the public domain.Leverages fiscal disclosure to build trust and attract private investors.

DRIVERS AND SIGNIFICANCE:

    • Olympic Bid Diplomacy: The International Olympic Committee now assesses integrity of national governance as part of host-city scoring; robust domestic law strengthens India’s candidature.
    • Demographic Dividend: Over 65 percent of Indians are below 35; organised sport converts youthful energy into productivity and soft power.
    • Sports Economy Multiplier: The FICCI–EY 2025 report pegs the sports segment of the media-and-entertainment sector at ₹8,200 crore, growing 14 percent compounded annually, signalling headroom for investment if governance risks are mitigated.
    • Geopolitical Soft Power: Consistent medal success translates to diplomatic clout, as demonstrated by China’s extensive state-backed sports programme.

THE BACKGROUND: FROM THE LODHA MOMENT TO THE MANDAVIYA MOMENT

    • Lodha Committee (2015): Proposed 70-year age cap, maximum three three-year terms, one-state-one-vote and a players’ association. Supreme Court upheld most norms on 18 July 2016.
    • Partial Implementation (2017-2024): BCCI adopted age and tenure clauses but diluted the cooling-off rule and resisted RTI coverage, arguing it receives no state funding.
    • Mandaviya’s Bill (2025): Seeks to override voluntary compliance by legislating a National Sports Board (NSB) with statutory powers of recognition, audit and de-recognition for all National Sports Federations. The Bill also creates a National Sports Tribunal (NST) with civil-court powers.

THEORETICAL FRAMEWORK:

    • Article 19(1)(c) vs. Reasonable Restrictions: Sports bodies claim freedom of association, yet courts have upheld state intervention when federations perform public functions (for example, managing a national team).
    • Entry 33, Concurrent List: Enables Parliament to legislate on sports, mandating cooperation but not exclusion of States.
    • Institutional Autonomy Doctrine: Excessive state control can attract International Cricket Council sanctions for “government interference,” as seen in Zimbabwe (2019). Balancing autonomy and accountability are therefore vital.

KEY PROVISIONS AFFECTING BCCI SPECIFICALLY:

CLAUSE IN BILLPRACTICAL CONSEQUENCE
RTI CoverageBCCI must disclose expenditure, selection criteria, sponsorship contracts except commercially sensitive parts cleared by Central Public Information Officer.
NSB RecognitionAnnual license needed; non-compliance can trigger de-recognition, blocking Indian teams from international events.
Election OversightFormer Election Commission officials to supervise BCCI elections, ensuring one-state-one-vote and term limits.
Safe-Sport MandateMandatory internal complaints committees under Prevention of Sexual Harassment at Workplace Act and anti-doping compliance.
Financial DisclosureAudited statements filed with NSB and published online within six months of fiscal year-end.

THE ISSUES:

    • Government Overreach Risk: A single NSB could centralise power, making sports administration susceptible to politicisation and bureaucratic delays.
    • Legal Push-back: BCCI may litigate under Article 19(1)(c) and cite International Cricket Council rules against state interference, potentially delaying enforcement.
    • Tribunal Bottlenecks: The National Sports Tribunal may face staffing and budget shortages like the National Green Tribunal, undermining speedy justice.
    • Federal Friction: States run cricket associations that are BCCI members; overlapping mandates could spark Centre-State disputes.
    • Commercial Confidentiality vs. RTI: Full disclosure of sponsorship contracts might depress bid values, eroding Indian Premier League revenues.
    • Capacity Deficit: Smaller federations lacking BCCI’s resources could struggle with new compliance costs, widening inequality across sports.
    • Athlete Voice: The Bill’s token representation of two international athletes may not translate into real influence without voting rights and committee budgets.
    • Monitoring Gap: No baseline governance index exists, making future impact evaluation difficult.

THE WAY FORWARD:

    • Tiered Compliance Calendar: Notify 12, 24 and 36-month checkpoints for meeting governance norms, allowing smaller bodies to adapt while signalling seriousness to BCCI and the IOC.
    • Ring-fenced Regulator Budget: Allot one percent of Sports Lottery proceeds and earmark a CSR corpus to fund NSB and NST operations, shielding them from annual grant vagaries.
    • Joint Federal Coordination Board: Include equal State representation in drafting NSB regulations to avoid overlap and enhance cooperative federalism.
    • Targeted RTI Protocol: Allow limited commercial redaction vetted by Central Information Commission to protect legitimate trade secrets yet retain public oversight.
    • Conflict-of-Interest Firewall: Impose a two-year cooling-off for politicians and ministry officials before joining NSB or BCCI to prevent regulatory capture.
    • Athlete Ombudsperson: Create an independent office within NST for expedited athlete grievances, ensuring player welfare without expensive litigation.
    • Governance Scorecards: Publish annual NSF ratings based on transparency, athlete welfare and gender equity, linking them to Khelo India grants to use carrots, not just sticks.

THE CONCLUSION:

The National Sports Governance Bill can finally align the glamour of Indian cricket with the governance gold standard expected of a country bidding for the Olympics. Success, however, hinges on embedding transparency, athlete welfare and fiscal prudence without strangling the creative autonomy that drives sporting excellence. Implemented in spirit, the Bill could convert India’s soft-power potential into podium finishes by 2036.

UPSC PAST YEAR QUESTION:

Q. What is a quasi-judicial body? Explain with the help of concrete examples. 2016

MAINS PRACTICE QUESTION:

Q. State regulation of sports bodies is necessary to protect public interest, yet excessive intervention may violate both autonomy and international norms.  In the light of the National Sports Governance Bill, 2025, critically analyse.

SOURCE:

https://indianexpress.com/article/opinion/columns/ram-madhav-writes-all-parties-should-welcome-sir-10150174/

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