Delhi HC appoints six-member panel to investigate ground realities of Equestrian Sport

Delhi High Court has held that the exemptions from complying with certain provisions of the National Sports Development Code of India 2011 granted by the Ministry of Youth Affairs and Sports to the Equestrian Federation of India (EFI) on November 9, 2021, are arbitrary and lacked substantial factual foundation.

In a judgement on Tuesday, Justice Sanjeev Narula also appointed a six-member committee to undertake a fact-finding exercise to identity concrete steps to bring EFI into compliance with Sports Code. The panel will investigate the ground realities of Equestrian sport in India around –  infrastructure, participation and representation, State Associations and clubs. 

Rajasthan Equestrian Association challenged the Ministry’s power to grant exemption and the decision to grant EFI exemption. It argued through Senior Counsel Rajiv Dutta and Counsel Ashsih Kothari that the exemptions had been given only to populate the EFI Electoral College with more clubs than State Associations.

Significantly, Justice Sanjeev Narula held that the Ministry of Youth Affairs and Sports power to grant relaxation, introduced on February 1, 2021, was neither arbitrary not unreasonable. He found no infirmity in the executive authority to introduce such a provision since it had the power to frame policies and guidelines in the absence of legislation.

However, the judgement dwelt a lot on the validity of the exemptions against the backdrop of the ‘peculiarity’ of the sport. The Court was not convinced by the arguments of the Ministry and the EFI. It said the effect of the exemptions majorly pertains to the formulation of the Electoral College for elections unrelated to the peculiarities of the sport itself.

Justice Sanjeev Narula noted that the exemptions had been granted with undue emphasis on the perceived ‘peculiarity’ of the sport, particularly the argument that horses are ‘athletes’ rather than ‘equipment’. “This argument contradicts the Code itself which categories horses and their diet as ‘equipment’  for reimbursement of hiring/transportation,” he wrote.

The Court held that the exemptions have institutionalised an unequal system where clubs dominate governance, sidelining State Associations. “In the absence of a fact-finding exercise before the exemptions were granted, the decision appears to have been a mere endorsement of EFI’s request, without verifying the actual state of facilities or participation,” he wrote. 

Justice Sanjeev Narula has allowed the exemptions to remain operational as an interim measure only because it reflects the practical necessity of avoiding disruption to the administration of the sport. “The continuation of the exemptions temporarily does not validate or legitmise the exemptions as they currently stand,” he wrote.

“By prioritising direct club memberships over State Associations, EFI appears to have sidelined entities that are representative of regional interests and athletes. The exemptions which have the effect of allowing direct club memberships and voting rights on the National level which undermines the representative pyramidical structure mandated by the Sports Code,” he wrote.

The Judgement noted that the Ministry had failed to record any substantive rationale for granting EFI the exemptions. “The Ministry’s justification that the peculiarities of Equestrian sports necessitate the exemptions is based on generalised observations rather than empirical evidence. The Ministry has noted the lack of infrastructure, expertise, and horses but has not explained why these factors render compliance with the Sports Code impractical or riddled with practical difficulty for its implementation,” it held.

In his judgement, Justice Sanjeev Narula identified Justice (retd.) Najmi Waziri,  a former Judge of the High Court of Delhi, to chair the committee. The other members would be a representative each from the Ministry of Youth Affairs and Sports, Sports Authority of India and Indian Olympic Association besides athletes Divyakriti Singh and Shruti Vora.

The committee is expected to submit its report to the Ministry within three months of its formation. The Judgement specifies that the committee must include recommendations on the steps to align EFI governance with the Sports Code, ensuring inclusivity, grassroots development and equitable representation.

Justice Sanjeev Narula further directed that the Ministry of Youth Affairs and Sports to evaluate the report of the committee and take a reasoned decision on continuation, modification or withdrawal of the exemptions within four weeks of receiving the report. The Judge said the petitioner would be at liberty to challenge the decision if the need arises.