THE AIFF QUAGMIRE: How Issues Like Political Interference, Lack of Player Voice Led to Current Impasse

 

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Introduction:

The All India Football Federation (AIFF) has found itself engulfed in controversy over the past year, with various aspects of its governance and constitutional procedures coming under scrutiny. The ousting of the long-standing leadership, appointment of a Committee of Administrators by the Supreme Court, temporary suspension by FIFA, and subsequent removal of the Secretary General have thrown the functioning of the apex football body in India into disarray. 

These developments point towards significant structural and operational issues plaguing the federation. Questions have been raised about political interference, lack of player representation in decision-making, indifferent state associations, and non-adherence to due process in administrative actions like removing the Secretary General. 

There is a need for meticulous examination and reform of the existing framework regulating AIFF's affairs. The judiciary-ordered intervention indicates the federation's failure to set its house in order internally. But has the change of guard resolved fundamental problems regarding transparency and accountability? 

The current scenario presents an opportunity to revamp the organizational structure and processes governing Indian football's future. Ensuring standard governance principles and preventing external interference are imperative to restore the sport’s lost sheen. AIFF must also convince FIFA while implementing reforms.

This analysis will delve into the origins and aspects of the ongoing crisis, including the Supreme Court's role, the issues with AIFF's functioning over the years, the contentious removal of the Secretary General and its implications. It will also chart out a roadmap for AIFF to emerge from this quagmire through judicious governance changes and constitutional safeguards, in cooperation with FIFA. The ultimate goal is to protect the sport's interests and chart a bold way forward.

Judicial Intervention in AIFF: Analyzing the Supreme Court's Appointment of CoA

The Supreme Court's appointment of a Committee of Administrators (CoA) for AIFF in May 2022 was an unprecedented move warranting closer legal scrutiny. It was triggered by Praful Patel clinging to office as President beyond his 12-year term, defying the National Sports Code's tenure limits. 

SC justified this intervention as AIFF had failed to internally resolve its governance crisis per the Code's democratic and transparent processes. The CoA was tasked with drafting AIFF's constitution per the Code and conducting elections. This judicial mandate aligned with precedents like the 2020 Oman Football Association v FIFA case where CAS upheld a similar court-ordered mandate for an ad-hoc electoral committee to conduct elections as per local laws.

However, FIFA suspended AIFF citing ‘third party influence’, warning against government interference in national federations' affairs. Though the suspension was lifted after elections, FIFA maintained its opposition to court interventions. 

But the Sports Code's statutory status differentiates India's situation, unlike countries where FIFA has suspended federations for government interference through executive orders or legislation. Moreover, the CoA's limited electoral mandate was similar to the mandate upheld by CAS in the2020 Fédération Internationale de Natation v Fédération internationale de natation amateur case. 

Overall, the Supreme Court's order was justified in view of AIFF leadership's intransigence and the Code's statutory backing. It prevented external interference by restraining the mandate to an independent CoA tasked with aligning the constitution with the Code and conducting elections. A nuanced jurisprudential approach was needed by FIFA appreciating local legal peculiarities instead of a suspension that harmed Indian football. In future, AIFF must undertake internal governance reforms proactively to avoid judicial intervention.

Analysing the Controversial Sacking of AIFF Secretary General 

The newly elected AIFF Executive Committee's recent termination of Secretary General Shaji Prabhakaran has sparked controversy and legal scrutiny. The unspecified charges of 'breach of trust' cited for his removal have raised procedural fairness concerns.

Prabhakaran has claimed his sacking violated AIFF's constitution, which requires Executive Committee approval for removing key office-bearers, as established in the 2020 Football Kenya Federation vs Cabinet Secretary for Sports case. This constitutional backing distinguishes Secretary Generals from general employees governed by employment contracts. 

Administrative law principles like natural justice also necessitate procedural safeguards while removing public office holders. The 2020 Makoto v Court of Arbitration for Sport case confirmed procedural transparency requirements for removing governing body officials under Swiss law.  

Even FIFA's statutes require proper disciplinary proceedings for dismissal of high-ranking officials. But in Prabhakaran's case, AIFF bypassed internal due process, giving credibility to his claim of unconstitutional termination. 

This exacerbated existing governance concerns in AIFF's functioning under the new regime, as highlighted by Bhaichung Bhutia's call for fresh elections. It displayed a disregard for organizational principles and duties of those in-charge. Legally sound procedural compliance is vital for AIFF's institutional credibility. Due process must be followed for any disciplinary action against officials in the future.

Overall, the Prabhakaran controversy underscores the need for AIFF to strengthen its constitutional safeguards and review mechanisms to ensure rule-based governance. Adhering to principles of fairness and transparency in administrative decisions is key to resolving the Federation's ongoing crisis.

The AIFF Conundrum: Examining the Impact of Governance Lapses on Grassroots and Youth Football 

The turmoil engulfing the All India Football Federation (AIFF) has brought to light deep-rooted procedural and structural flaws plaguing its governance framework. As elucidated earlier, arbitrary actions like the removal of the Secretary General raise concerns regarding the new leadership's adherence to constitutional safeguards and due process. 

However, the repercussions of the ongoing leadership crisis extend far beyond just administrative irregularities. The volatile organizational environment and political interference have derailed the formulation of a long-term strategic roadmap aimed at reviving grassroots and youth football in India.  

Legally speaking, the indifferent state associations are equally complicit in enabling the current governance mess by remaining passive bystanders. Their lack of engagement in talent scouting and academy development at provincial levels has stunted India's footballing pipeline. State associations must be made proactively accountable as key stakeholders.

Moreover, the dearth of exposure and competitive experience at the junior level due to paucity of domestic and international tournaments has been severely detrimental. Legally speaking, the AIFF is duty bound to create adequate competitive platforms for budding players to actualize their potential by honing skills against quality opposition, both at home and abroad. 

The failure to discharge this obligation owing to organizational volatility and misplaced priorities has led to a lack of heroes and role models at the grassroots. Legally and morally, the AIFF must get its house in order to rectify years of neglect that has crushed the aspirations of so many talented young footballers. It needs visionary leadership at the helm to pave the way forward.

In conclusion, the AIFF's governance lapses have had far-reaching consequences on multiple fronts by undermining grassroots and youth development. For Indian football to have a realistic shot at global glory, deep-rooted reforms are urgently needed within the organizational structure and processes governing the sport. Legally and ethically, it is the only way forward.

Conclusion:

In navigating the labyrinth of the AIFF's governance crisis, it is imperative to recognize the profound impact these tumultuous events have had on Indian football. The unprecedented judicial intervention by the Supreme Court through the appointment of a Committee of Administrators (CoA) was a necessary step, rooted in legal precedents such as the 2020 Oman Football Association v FIFA case. The court's intervention, backed by the statutory status of the Sports Code, aimed at restoring democratic processes within the federation.

The controversial sacking of AIFF Secretary General Shaji Prabhakaran further highlighted the critical need for adherence to constitutional safeguards and due process. Legal principles, drawn from cases like the 2020 Football Kenya Federation vs Cabinet Secretary for Sports and the 2020 Makoto v Court of Arbitration for Sport, underscore the significance of procedural fairness and transparency in the removal of key office-bearers.

As the AIFF grapples with these governance challenges, the impact on grassroots and youth football cannot be overstated. The negligence and lack of strategic planning exacerbated by the leadership crisis have hindered the development of young talent and the establishment of robust grassroots programs. State associations, as passive bystanders, must be held accountable in accordance with legal principles.

In conclusion, the road to redemption for Indian football lies in a holistic approach that addresses both governance lapses and the neglect of grassroots development. The AIFF must leverage legal frameworks and case law precedents to institute comprehensive reforms, fostering a transparent, fair, and accountable system. Only through such legal and ethical measures can Indian football emerge from this crisis, realizing its potential on the global stage. The ball is now in the AIFF's court to champion the cause of football and pave the way for a brighter, more just future for the sport in the country.

Written by

Akshay Singh Rawat

LinkedIn