Introduction:
In an important development concerning the governance of sports bodies, the Jammu & Kashmir and Ladakh High Court, in Bakhtawar Singh & Ors. v. Union Territory of J&K & Ors., took note of the efforts undertaken by the Jammu & Kashmir Sports Council to bring sports associations in the Union Territory in line with the National Sports Development Code of India, 2011. The matter was heard by a Bench comprising the Chief Justice and Justice Rajnesh Oswal in the context of a public interest litigation filed by former sportspersons seeking enforcement of regulatory norms in sports administration.
The petition was initiated by former state badminton players who raised serious concerns regarding the functioning of various sports associations in Jammu & Kashmir. They alleged widespread non-compliance with the National Sports Development Code, 2011, particularly with respect to tenure limits, age restrictions, democratic elections, and the representation of sportspersons. According to the petitioners, several office bearers continued to hold positions for prolonged periods despite being ineligible under the Code, including instances where individuals had crossed the prescribed age limit of 70 years.
The litigation brought into focus the structural and administrative deficiencies in sports governance, highlighting the need for transparency, accountability, and adherence to uniform standards. The National Sports Development Code of India, 2011, was formulated to ensure that sports bodies operate in a democratic and fair manner, with adequate representation for athletes and adherence to principles of good governance.
Pursuant to earlier directions issued by the Court, the Jammu & Kashmir Sports Council filed a comprehensive affidavit outlining the steps taken to ensure compliance with the Code. The affidavit, submitted through the Secretary of the Council, emphasized the institution’s commitment to reforming sports administration and aligning it with national standards.
The case thus represents a broader judicial effort to strengthen institutional accountability in sports bodies and ensure that the interests of sportspersons are protected through effective regulatory mechanisms.
Arguments of the Parties:
The petitioners, represented by Advocates S. S. Ahmed, Supriya Chouhan, and M. Zulkernain Chowdhary, argued that the failure of sports associations in Jammu & Kashmir to adhere to the National Sports Development Code of India, 2011 had resulted in arbitrary and undemocratic functioning. They contended that several associations were being controlled by individuals who had overstayed their tenure and no longer met the eligibility criteria prescribed under the Code.
A key grievance raised by the petitioners was the lack of democratic elections within these associations. It was argued that the absence of regular and transparent electoral processes deprived sportspersons of their rightful participation in decision-making. The petitioners also highlighted the inadequate representation of athletes and women in the governance structure, which undermined the inclusivity and fairness envisioned by the Code.
The petitioners further alleged that financial irregularities and lack of accountability were prevalent in the functioning of these associations. They emphasized that the absence of strict enforcement mechanisms allowed non-compliant associations to continue operating without consequences. The petitioners sought judicial intervention to ensure strict implementation of the Code and to compel the authorities to take corrective measures.
On the other hand, the respondents, including the Union Territory administration and the Jammu & Kashmir Sports Council, represented by Senior Additional Advocate General Monika Kohli and other counsel, defended the steps taken by the authorities to address the concerns raised. The Sports Council, through its affidavit, submitted that it had undertaken a systemic exercise to bring all recognized sports associations in line with the governing norms.
The Council emphasized its commitment to ensuring fairness, transparency, and democratic functioning in sports administration. It informed the Court that efforts were being made to enforce compliance with the National Sports Development Code, 2011, as well as the guidelines issued by the Council itself. These efforts included monitoring the eligibility of office bearers, ensuring proper representation of sportspersons, and enforcing financial discipline.
The respondents also highlighted specific measures taken to address non-compliance. It was submitted that associations found to be in violation of the Code were required to take corrective steps, failing which they would face financial and regulatory consequences. As an interim measure, the Council had withheld grants to certain non-compliant associations to ensure adherence to the prescribed norms.
Additionally, the Council clarified that associations seeking recognition were required to meet specific criteria, including ensuring that at least 25% of their members are outstanding sportspersons and 10% are women players, with equal voting rights in the election of the executive body. It was asserted that recent elections conducted under the supervision of the Council had complied with these requirements.
However, the petitioners expressed skepticism regarding the effectiveness of these measures, particularly in relation to the enforcement of eligibility criteria and the verification of resignations submitted by certain office bearers. They questioned whether the claimed resignations had been properly communicated and accepted by the Council.
Court’s Judgment:
In its order, the Jammu & Kashmir and Ladakh High Court took note of the affidavit filed by the Jammu & Kashmir Sports Council and recorded the steps undertaken to ensure compliance with the National Sports Development Code, 2011. The Bench, comprising the Chief Justice and Justice Rajnesh Oswal, acknowledged the Council’s commitment to reforming sports governance and aligning it with established norms.
The Court observed that the Council had initiated a systemic exercise to bring recognized sports associations in line with the requirements of democratic functioning, eligibility of office bearers, representation of sportspersons, and financial discipline. It noted that the Council had taken proactive steps to address issues of non-compliance by requiring associations to implement corrective measures.
Importantly, the Court recorded that the Council had cautioned associations against continued non-compliance and had indicated that such violations would attract financial and regulatory consequences. The withholding of grants to non-compliant associations was recognized as an immediate corrective measure aimed at ensuring adherence to the Code without causing undue disruption to sportspersons.
The Bench also took note of the Council’s submission regarding the composition of sports associations, particularly the requirement of including at least 25% sportspersons and 10% women players with equal voting rights. The Court recorded the assurance given by the Council that recent elections had been conducted in compliance with these norms.
With respect to the specific issue of resignations of certain office bearers in the Jammu & Kashmir Badminton Association, the Court noted the submissions made by the Council regarding the resignation of key पदाधिकारियों. However, it also acknowledged the concerns raised by the petitioners regarding the authenticity and communication of these resignations.
Rather than issuing a final ruling on the merits, the Court adopted a cautious and supervisory approach, recording the submissions of the parties and the affidavit of the Council. The matter was adjourned for further consideration, with the next date of hearing fixed for May 21, 2026.
The Court’s approach reflects a recognition of the need for continuous monitoring and gradual reform in the governance of sports bodies. By recording the steps taken by the Council and seeking further clarification on unresolved issues, the Court ensured that the process of compliance remains under judicial scrutiny.
This case highlights the evolving role of the judiciary in promoting transparency and accountability in sports administration. It underscores the importance of adhering to established norms and ensuring that sports associations function in a manner that is fair, inclusive, and aligned with the interests of sportspersons.