Justice Nageswara Rao Refers AIFF Constitution's 'Two Contentious Articles' Case To Supreme Court

Last Updated:October 14, 2025, 16:39 IST

Justice Nageswara Rao deferred to the Supreme Court on disputed AIFF constitution Articles 23.3 and 25.3, citing FIFA objections and stakeholder concerns, pending SC decision.

Supreme Court | File Image

Justice (retd) Nageswara Rao has deferred to the Supreme Court to make an appropriate decision regarding two disputed articles in the draft constitution of the All India Football Federation (AIFF) in his report submitted to the apex court.

On October 9, the AIFF sought clarification from the SC on Articles 23.3 and 25.3 (b) and (c) due to objections from FIFA, the world football governing body.

The next day, an SC bench instructed Justice Rao, a former judge of the apex court, to submit a report after consulting the stakeholders. During this meeting, the AIFF proposed that Article 25.3 (b) and (c) should not be implemented until the current executive committee’s term ends in September 2026.

Article 23.3 stipulates that any amendment to the AIFF constitution requires SC approval. Article 25.3 (b) and (c) state that an office bearer in the AIFF Executive Committee cannot simultaneously hold a position as an office bearer in a member/state association.

Justice Rao, who authored most of the draft constitution, submitted his report to the SC on October 12 after consulting stakeholders. He left it to the SC to make a suitable decision on the AIFF’s appeal but noted that he had previously recommended the deletion of both articles from the draft constitution.

“In the background of the facts…, the Supreme Court may take a suitable view on the disputed points relating to Articles 23.3 and Article 25 (b) and (c)," Justice Rao said in his report submitted to the SC on October 12.

“I have not dealt with all the points raised by the Learned Counsel regarding Article 25.3 (b) and (c) as the grievance of AIFF is restricted to non-implementation of Article 25.3 (b) and (c) till the completion of the terms in September 2026."

On September 19, the SC approved the AIFF draft constitution prepared by Justice Rao with certain modifications and directed the national federation to adopt it within four weeks.

On October 12, the AIFF adopted its SC-approved constitution at its Special General Body Meeting but excluded two contentious clauses “pending directions from the Apex court".

In his report, Justice Rao noted that the AIFF’s immediate concern “appears to be that the majority of AIFF office bearers, who are also office bearers of member associations, will have to resign from their posts in the member association if Article 25.3 (b) & (c) is implemented".

“The request made by Mr. Siddharth Luthra (AIFF counsel) is that Article 25 (b) and (c) may not be given effect to during the term of the present body which is expiring in September 2026. All the other Learned Counsel including the Amicus opposed the said request of AIFF.

“From the email on record placed before me, it is very difficult to conclude that AIFF had persuaded FIFA to send the emails to enable AIFF to seek for modification of the Constitution."

‘Sports Ministry Supported AIFF’s Stand’

Justice Rao further wrote that the sports ministry supported AIFF’s position during the October 10 meeting, stating “it is common practice in other National Sports Federations for office bearers of state associations to also hold office in the NSF concurrently".

“Mr. Kunal, Joint Secretary supported the stand of the AIFF. He contended that it is not desirable for an office bearer of the AIFF to resign from their position (s) as office bearers in the said member/state associations."

Justice Rao reiterated his earlier recommendations to delete both Article 23.3 and Article 25.3 (b) and (c).

“During meeting with FIFA and AFC officials in July 2023, FIFA and AFC agreed on various issues in the constitution prepared by Committee of Administrators. However, convinced with the firm stand of FIFA on the basis of Articles 14 and 19 of the FIFA statute, I deleted Article 23.3 from the draft submitted to the Supreme Court," he wrote.

“FIFA referred to Articles 14 and 19 in the email dated 09.10.2025 to highlight their viewpoint relating to third party interference. The Supreme Court of India may consider the request made by AIFF for revisiting its findings on Article 23.3 by considering the viewpoint of FIFA."

The earlier draft constitution mentioned here was prepared by the Committee of Administrators (CoA) after former president Praful Patel was ousted by an SC order in 2022.

“In so far as Article 25.3 (b) and (c) are concerned, I recommended (earlier) that they should be deleted, as I was of the view that there was no conflict of interest for a person to simultaneously be an office bearer of AIFF and an office bearer of a Member/State Association."

(With inputs from PTI)

Ritayan Basu

Ritayan Basu, Senior Sub-Editor, Sports at News18.com. Has been covering domestic and and international football for nearly a decade. Has played and covered badminton. Ocassionally writes cricket content, havin...Read More

Ritayan Basu, Senior Sub-Editor, Sports at News18.com. Has been covering domestic and and international football for nearly a decade. Has played and covered badminton. Ocassionally writes cricket content, havin...

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