INDIAN OLYMPIC ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The Indian Olympic Association (hereafter IOA) seeks appropriate directions that the National Sports Code, issued by the respondent Union Government (hereafter "UOI") is beyond its executive power (since Parliament does not possess legislative power to enact a law in that regard) and that its provisions are violative of its (IOA's) rights guaranteed under Articles 14, 19(1) (c) and 21 of the Constitution of India.

(2.) IOA is registered under provisions of the Societies Registration Act ("the Societies Act"). It is part of the Olympic movement, and the apex body for all sports bodies and federations in India. It ensures that decisions of the International Olympic Committee ("IOC") are observed; at the national level it promotes and safeguards the Olympic movement in India in accordance with the Olympic charter ("the Charter"). It also backs and encourages the spread of sports ethics, and fights against doping (drugging) and other obnoxious practices. Some of its objects contained in its Constitution are relied upon; they are extracted below:

(3.) In terms of its objectives IOA acts as the channel of communication between national Sports Federations and the Central Government for financial or other assistance (Clause 14); it has to, in terms of Clause 21 collaborate and help national Sports Federations (NSFs), State Olympic Associations and other sports bodies in the training of the sports administrators for the effective sports information dissemination in India. It is autonomous from the UOI or any State Government, in its functioning, activities or governance. Its members elect its office bearers, in accordance with its Constitution. It is answerable to its members in terms of its Constitution, and to the extent it fosters the Olympic spirit, and involves the athletes and other sports persons who participate in various Olympic games, it is bound by the decisions and the Charter of the IOC. The IOA repeatedly underlines that it does not receive financial assistance, or any direct financial support from the Government and any other NSFs Federations. Most of the expenditure incurred by IOA is towards travel, boarding and lodging of sports persons, directly or through its agencies like Balmer Lawrie & Co., or the Sports Authority of India ("the Authority"). In fact, the major expense is for the salary of the Officers of SAI. No money given by the UOI for the day to day activities of the Federations/Associations. The petitioners support themselves through individual contribution, annual fee from members or sponsorship.