Indian Football: Key points from the Supreme Court order regarding Fifa’s suspension of AIFF

The Supreme Court on Monday dissolved the Committee of Administrators which was handling the All India Football Federation, thereby removing a major hurdle that could prompt Fifa to revoke the suspension on Indian football.

Fifa had suspended the AIFF last week, citing ‘Third Party Interference’ and made two major demands before the suspension could be lifted: the CoA mandate had to be repealed in full, and the daily activities of the AIFF had to be controlled by the AIFF itself.

Supreme Court directs AIFF to take over from CoA in order to revoke Fifa suspension

The court said that the order was being made to “facilitate the revocation of the suspension which has been imposed on AIFF by Fifa and the holding of the Under-17 Women’s World Cup 2022 in India. In the event that the above process is not taken to its logical conclusion, the Court would consider any further order at the subsequent stage.”

Unless the required changes were made, India would remain isolated in the footballing world. Gokulam Kerala became the first team to suffer because of it, as the team was not allowed to compete at the AFC Women’s Club Championship despite already travelling to Tashkent, Uzbekistan for the event.

India were also not be allowed to host the U-17 World Cup, which was scheduled to be held in October in Bhubaneswar, Goa and Navi Mumbai.

With a view to enable India to host the event, the two-member bench of Justices DY Chandrachud and AS Bopanna dissolved the three-member CoA and stated that the AIFF would be managed by acting secretary general Sunando Dhar.

Here’s a look at some of the key points from the Supreme Court order on Monday:

Who takes control of the AIFF?

As per the Supreme Court order, “The day to day management of AIFF shall be exclusively looked after by the AIFF Administration led by the Acting Secretary General (Sunando Dhar).”

This fulfills Fifa’s demand for the national sports body to regain control of its own affairs.

The first matter the AIFF now will have to address is appoint an executive committee.

A major red flag for Fifa was that the CoA decided to provide former players 50% representation in the executive committee as co-opted members. The world body though only recommends 25% former player participation.

The AIFF election had not taken place as per schedule in 2020 due to a pending case in the Supreme Court seeking the apex court’s guidance in forming a constitution that adhere to the National Sports Code.

The CoA, in its draft constitution, stated that half the AIFF’s general body would comprise of eminent players. This would have meant that each of the 36 football associations with voting rights would have to nominate two members, one of whom would have been a former player.

It would have been these 72 general body members who would then vote in 12 members to the executive committee.

The Supreme Court order though mandated a new structure - keeping in tune with Fifa’s requirements - to the AIFF executive committee with 17 members (which includes a president, vice-president and treasurer) and six eminent players.

These members will be elected by an electoral college of 36 people.

“The voters’ list for the ensuing elections shall consist exclusively of representatives of the Member Associations representing the States/Union Territories (35+1 Associations),” read the order.

The court also provided specific requirements for the six players who will be in the executive committee.

“For Men, top four eminent players from the above list, subject to maximum one man player from each state will be nominated (co-opted) to the EC. For women, top two eminent players from the above list subject to maximum of one woman player for each state will be nominated (co-opted) to the EC. These 6 (six) selected eminent players shall be co-opted as members in the EC, and shall have voting rights in the EC.”

What happens with the CoA now and when are the elections?

Based on the Supreme Court’s order, now that AIFF affairs have been handed back to the NSF, “the mandate of the Committee of Administrators appointed by the order of this Court stands terminated.”

This too was an important demand from Fifa, who saw the CoA’s involvement - even if it was to correct the affairs of an allegedly mismanaged sports body - as ‘Third Party Intervention.’

Based on the CoA’s draft constitution - which involved 36 former players to be present in the electoral college - seven candidates for the AIFF president’s position had been drawn up. However, since the Supreme Court order reduced the number from 36 to six, a number of the candidates would no longer be eligible. To draw up a fresh list, the court provided the AIFF a week’s extension to the August 28 scheduled election.

Former India captain Bhaichung Bhutia on Monday said that he hoped the future constitution would grant voting rights to former players and not limit them to be nominated members.

What happens with the U-17 World Cup?

Now that Fifa’s demands have been fulfilled, there is an expectation that the event will continue to take place in India.

Gokulam Kerala FC, however, stand as a casuality from the Fifa suspension as they had announced that their dreams of taking part in the AFC Women’s Championship was over despite reaching Uzbekistan for the event.

But there will be a push, from the Indian perspective, to get the world body to revoke the suspension immediately, as in September, ATK Mohun Bagan is expected to compete in the AFC Cup Inter-Zonal qualifiers.

Update: On Tuesday, Sunando Dhar wrote to Fatma Samoura, FIFA Secretary General informing that the SC passed “directions regarding the full repeal of the CoA mandate and consequently the AIFF having full charge of the AIFF’s daily affairs. In view of the above, we request the FIFA and especially the Bureau to reconsider their decision of suspending the AlFF. Since the conditions set out in your letter for lifting of the suspension stand satisfied, we request that an order to that effect be passed at the earliest for the AIFF to continue with the smooth running of football in India.”