Supreme Court to examine IOA’s appeal for autonomy

THE HC HAD IN MAY LAST REJECTED IOA’S PLEA AGAINST THE GOVERNMENT ORDER TO INCORPORATE THE NATIONAL SPORTS CODE

NEW DELHI: The Supreme Court has agreed to examine the Indian Olympic Association’s plea to declare it an autonomous body and that the government had no power to regulate the inner functioning or the activity of the society.

A bench headed by Justice Kurien Joseph issued notice to the Centre after IOA’s counsel, senior advocate Gopal Subramanium submitted the body had already implemented the guidelines under the National Sports Code, as directed by the Delhi High Court last year, but the issue of its autonomy was yet to be adjudicated.

Subramanium further assured the court that the IOA had initiated steps to assess the other sports bodies under it and to improve the facilities. He said the association would set up a body of three eminent sportspersons, as recommended by the International Olympic Committee (IOC), to carry out the assessment.

The HC had in May last rejected IOA’s plea against the government order to incorporate the National Sports Code. In its appeal before SC, IOA did not assail the HC’s power to reject its petition but added it could not have directed the association to comply with the “offending executive guidelines.”

“Compliance or non-compliance and its consequences are purely matters between the Petitioner and the Union of India,” it said. IOA is an unincorporated society under the law, which bars the Parliament or government to regulate the inner functioning of the society, the appeal stated.

“It may be noted that the society does not conduct any ‘business’ but is a non-profit organisation or association for the Olympic sports and it can lawfully carry out its object of Olympic sports in accordance with its Memorandum and Rules and Regulations,” read the appeal. This is also the mandate of the Olympic movement. Therefore, any control by the government was impermissible, IOA pleaded.

“The direct or the indirect funding of the Olympic sports by the Government of India does not confer lawful power or right to meddle with the internal functions and affairs of the IOA. Such funding is by way of ‘assistance’ to the cause of Olympic sport since India participates in the Olympic Games,” it added.

But, IOA clarified, it was an autonomous body and had received no financial grants or aid for its functioning or survival. It was even not amenable to legislative or executive interference by the Parliament, IOA said.