Delhi High Court Constitutes Fact-Finding Committee To Investigate Governance Issues In Equestrian Sports

The Committee would function under the chairmanship of Retired Judge of the Delhi High Court Justice Najmi Waziri. The other members include representatives from the Union Ministry of Youth Affairs and Sports, Sports Authority of India (SAI), nominee from the Indian Olympic Association (IOA) and two Equestrian sportspersons from Equestrian sports–Ms. Divyakriti Singh and Ms. Shruti Vora, who represented India at national and international championships.

The objectives of the committee include:

• To identify and evaluate the facilities available for Equestrian sports, including their geographic distribution and accessibility. Specifically, the Committee shall determine the availability of Equestrian infrastructure in each district and State; ownership, maintenance, and accessibility of facilities provided by government bodies, SAI, EFI, State associations, or private clubs; feasibility of athletes from districts lacking infrastructure, utilizing the facilities available in adjoining districts or regions.
• Examine the level of athlete participation and representation
• Assess the effectiveness and contributions of State Associations in the development of Equestrian sports and their compliance with the Sports Code.
• Evaluate the contributions of clubs to the governance, infrastructure, and development of Equestrian sports and their compatibility with the representative framework of the Sports Code

The committee has been asked to submit its findings within three months of its constitution to the Ministry.

"This report must specifically ascertain the number of districts with functioning clubs and analyse their potential integration into the pyramid structure envisaged by the Sports Code. The Committee should examine the feasibility of organizing clubs under District Associations, which will then form part of State Associations, ultimately culminating in their membership in EFI. The findings must include recommendations on steps required to align EFI's governance structure with the principles of the Sports Code, ensuring inclusivity, grassroots development, and equitable representation," the court said.

Justice Sanjeev Narula directed the constitution of the committee while hearing a petition filed by the Rajasthan Equestrian Association concerning the functioning of the Equestrian Federation of India (EFI).

The petitioner/Rajasthan Equestrian Association had challenged a Notification and Order issued by the Ministry of Youth Affairs and Sports (respondent no.1) concerning addition of a relaxation clause and granting certain exemptions to Equestrian Federation of India (EFI) on the applicability of specific provisions of the Sports Code, 2011.

Adding Relaxation Clause to Sports Code

Through a notification dated 1 February, 2021, the Union Ministry Of Youth Affairs and Sports added a 'Relaxation Clause' to the National Sports Development Code, 2011 ('Sports Code'). Under the relaxation clause, Ministry has the power to relax operation of the provisions of the Sports Code wherever it is considered necessary in order to promote any sports or a sportperson or to remove difficulties in giving true effect to the spirit of Sports Code.

The High Court noted that the clause was a policy decision aimed at addressing practical difficulties in the implementation of the Sports Code.

It observed that the Relaxation Clause serves as a mechanism to address unforeseen difficulties and only grants discretion to Ministry in limited and exceptional cases. It noted that the clause has safeguards against misuse, including requiring that exemptions be consistent with the overarching principles of the Sports Code and that the reasons for granting exemption be recorded in writing.

It further noted that the Minister-in-Charge is guided by the aid and advice of the Ministry and its officers, thus ensuring that the power to relax is exercised judiciously and not arbitrarily.

The Court thus held that the Relaxation Clause itself was not arbitrary or unreasonable.

Granting Exemption to Equestrian Federation of India

By an order dated November 9, 2021 the Ministry while exercising its powers under the Relaxation Clause, granted Equestrian Federation of India (EFI) (respondent no. 2) certain exemptions from applicability of certain provisions of the Sports Code.

The relaxations include provisions relating to federations' requirement have affiliated units in at least two-thirds of the total States/Union Territories of India, membership and voting rights in National Sports Federation (NSFs) must be restricted to State or Union Territory associations, and formulation of the Electoral College for elections to the various office bearing posts within the EFI as an NSF.

Both EFI and Ministry argued that the Equestrian sport has unique challenges and requirements and thus the granting of exemption was reasonable.

EFI submitted that the sport uniquely involves a combination of two athletes, a human and a horse. It stated that the maintenance and training horses requires specialized expertise and is very expensive.

The court however said, "The argument that Equestrian sports are unique because both horses and riders are considered athletes, is directly contradicted by the provisions of the Sports Code. The Sports Code explicitly classifies horses as “equipment” for equine sports, a classification further reinforced by the imposition of customs duties on horse imports and GST on their sale and purchase. Therefore, to equate horses with athletes is neither practical nor consistent with the regulatory framework governing sports in India".

EFI further argued that the sport has unique challenges infrastructure requirements. Even the Ministry also acknowledged that the sport has limited reach due to the absence of adequate State associations.

The Court however noted that while the Equestrian sport is capital-intensive and requires specialized infrastructure and medical facilities for equines, these do not have direct bearing on the specific exemptions granted by MYAS.

It noted that while every sport has unique characteristics and infrastructure challenges, it does not warrant a departure from the principles of good governance provided in the Sports Code.

It remarked, “The need for compliance with the Sports Code remains paramount to ensure uniformity, accountability, and inclusivity in sports governance. Diluting these principles based on subjective notions of peculiarity would undermine the integrity and purpose of the Sports Code, which has been formulated to promote the interests of all sports and sportspersons in the country.”

The Court thus did not agree with the EFI and Ministry's view that the exemptions were justified based on the unique nature of the equestrian sports.

It was of the view that the exemptions granted would undermine the representative pyramidical structure mandated by the Sports Code. It also stated that by bypassing State and District associations, the exemption has the effect of concentrating resources and opportunities within a narrow group of stakeholders, the club representatives.

“Such a structure is antithetical to the long-term development of the sport, which requires broader participation and inclusivity. In light of the above, the impugned exemptions granted to EFI contradict the very objectives of the Sports Code.”

The Court stated that the Ministry's order granting exemption appeared to be a mere endorsement of EFI's request, without any detailed fact-finding exercise.

With a view to address the governance challenges in the Equestrian sport and promote the development of the sport, the Court constituted the Fact-Finding Committee.

While observing that the exemptions granted to EFI under the impugned order was arbitrary, the Court said that the exemptions would remain operational till the review of fact-finding committee's report by MYAS.

It stated, “It is clarified that allowing the continuation of the exemptions temporarily does not validate or legitimize the exemptions as they currently stand. Instead, it reflects the practical necessity of avoiding disruption to the administration of the sport.”

It stated after the Fact-Finding Committee's report, Ministry should take a reasoned decision on the continuation, modification or withdrawal of the exemptions granted. It thereafter disposed of the plea.

Case title: Rajasthan Equestrian Association vs.Union Of India & Ors. (W.P.(C) 5989/2022)