Court endorses policy-based exemptions under the National Sports Development Code to promote emerging sports like Pickleball.
In a significant decision, the Delhi High Court has upheld the recognition of the Indian Pickleball Association (IPA) as the National Sports Federation (NSF) for Pickleball in India, dismissing a petition by the All India Pickleball Association which challenged this recognition. The court, presided over by Justice Sachin Datta, ruled that the Ministry of Youth Affairs and Sports (MYAS) was within its rights to grant exemptions to the IPA under the National Sports Development Code of India, 2011, to promote the nascent sport of Pickleball.
The court recognized the importance of promoting emerging sports and acknowledged the need for flexibility in applying the Sports Code to such sports. Justice Datta emphasized that the rigid application of the Sports Code could hinder the development of emerging sports like Pickleball, which have limited geographical spread and are still evolving. The court noted that the relaxation clause within the Sports Code was a valid policy tool designed to address practical difficulties and promote sports in exceptional circumstances.
The judgment highlights that the IPA's recognition came after the MYAS relaxed certain conditions of the Sports Code, such as the requirement for a federation to have existed for three years and the need for affiliation with 50% of district units. These relaxations were deemed necessary to foster the growth of Pickleball in India, given the sport's nascent status.
The court found that the MYAS's decision was based on a comparative assessment of the IPA and other applicants, considering factors such as international affiliations and state-level representation. The IPA's affiliation with the Global Pickleball Federation, which has a broader international presence, was a significant factor in its favor.
The decision underscores the limited role of the judiciary in reviewing policy decisions regarding sports federations, emphasizing that such matters fall within the domain expertise of the MYAS unless the decision is arbitrary or manifestly unreasonable. The court also noted that the recognition granted is conditional and subject to annual review, allowing for future reassessment based on compliance and development progress.
This ruling reaffirms the government's policy to support the growth of emerging sports and ensures that administrative flexibility is available to adapt to the unique challenges they present. The court's decision is expected to pave the way for the promotion and development of Pickleball in India, aligning with broader objectives of diversifying the sports culture in the country.
Bottom Line:
Recognition of sports federations - Grant of exemptions under the National Sports Development Code of India, 2011, for nascent and emerging sports like Pickleball, is permissible to promote the sport, provided principles of accountability, transparency, and adherence to the objectives of the Sports Code are maintained.
Statutory provision(s): National Sports Development Code of India, 2011
All India Pickleball Association v. Union Of India, (Delhi) : Law Finder Doc Id # 2848477
