Development of Sports Law in India: A Comprehensive Analysis

This essay provides a comprehensive analysis of the development of sports law in India, highlighting the need for specific legislation to address issues such as financial limitations, competitive balance, and the influence of global organizations like the WTO. The study explores the current state of sports administration in India, emphasizing the absence of dedicated sports legislation and the reliance on self-governing bodies. It outlines the aims and objectives, which include understanding the necessity for sports law and proposing a framework for its development, drawing comparisons with the sports law policies of countries such as the United States, United Kingdom, and the European Union, as well as international bodies like the United Nations. The research question focuses on the need for India to develop its own sports act and the potential benefits of adopting policies from other nations. The methodology involves a doctrinal approach, analyzing primary and secondary sources, including international statutes, court precedents, books, and articles. The essay also explores the significance of sports law in India, emphasizing the need for legislation to protect the rights of athletes and create a favorable environment for sports development. The conclusion stresses the importance of enacting sports law to ensure a robust future for sports in India and to address the existing challenges. The essay provides a critical overview of the current state of sports law in India and proposes pathways for future development.

Running head- DEVELOPMENT OF SPORTS LAW IN INDIA
Development Of Sports Law in India
Name of the Student
Name of the University
Author Note

1Development of Sports Law in India
Table of Contents
Introduction................................................................................................................................2
Aims and Objectives..................................................................................................................3
Research Question......................................................................................................................5
Methodology..............................................................................................................................5
Significance of the Study...........................................................................................................6
Bibliography...............................................................................................................................7
1. Primary Sources.............................................................................................................7
2. Secondary Sources.........................................................................................................7

2Development of Sports Law in India
Introduction
The concepts of capitalism and the globalization had a mighty impact o all the fields.
Changes have been seen in the fields such as sports. The Indian business is a worldwide
business as it is spread all over the world. It is not limited to a particular place. Though there
are several ways in which the Indian sports association differ from the business associations
all over the world. The autocratic idea of sports associations and the indispensable necessity
for keeping up the competitive stability between the sporty group a need for the increase in
the sports law have been noticed that will bring a rise in the abundant types of financial
boundaries like revenue allocation, expenditure clippings, drafts and other clauses that will
not be altered. It is impervious to admit that WTO rules the Indian policies and are solely in
charge of sustaining fair competition in the fields of sports1.
India is a country of unity in diversity, and it is also referred to as a home to the
various population that have a likeness towards sports. The administrative powers relating to
the funding of the sports lay in the hands of the Ministry of Youth Affairs and Sports in India,
headed by a cabinet minister and succeeded by the National Sports Federation2. Sports law is
one of those fields of law that is based on application, and no proper legislation is stated for
specifically for sports. Presently there is no specific legislation concerning the administration
and the conduct of sports in India3. The organizational events concerning sports are the
concern of self-governing establishments such as the Indian Olympic association that makes
it difficult for the government authorities to participate in such administrations directly. They
are registered under Society's registration acts of 1860 and are no quite flexible. The current
1 Scott, Sinclair. "The WTO and its GATS." In The Handbook of Globalisation, Third Edition. Edward
Elgar Publishing, 2019.
2 Hamid Mamdouh, Adlung, and Rudolf. "How to design trade agreements in services: Top down or
bottom-up?" Journal of World Trade 48, no. 2 (2014).
3 Dr. Yadav, "Commercialization of Sports and Competition Law." Commercialization of Sports and
Competition Law (December 24, 2016) (2016)

3Development of Sports Law in India
scenario states that there needs immediate action for the development in the sports law in
India. The Bill of National Sports policy by India has still not been passed by the parliament
and implemented by the state.
Innumerable sports are existing in India and played all over the country. Individual
sports are not a part of the Olympics, and the players of such games remain unknown even
after getting fame in India4. Sports Laws should be introduced as not only internally being
such a diverse country the country needs proper sources to protect the sustainability of such
players who are not the part of big shows. The Indian Sports industry has been dependent
upon the WTO5. The nation has arrived at a phase where India needs an enactment that
manages sports law. The failures faced by India in sports means poor infrastructural
development and lack of proper administration that results from corruption among the sports
associations. To accomplish the intensifying desires of the developing situation, a uniform
code of law and the legislation regulating the sports must be advanced.
Aims and Objectives
The primary aim is to understand the need for sports law to develop in India. India
being a country with unity in diversity that possesses various sports association, requires
specific legislation for the administration and the finance of the sports institution. In order to
bring such a change, the study shows the need for such legislation or precedent to be enacted
by the government in India and further proposes a structure for the development of such
sports law. Through the comprehensive sports laws policies of the countries such as Europe,
the United Kingdom, United States, World Trade organizations and other U.N. sports
policies, Indian Sports legislation can be adopted.
4 Vijay Kumar, Singh. "Issues in Emerging Area of Sports Law: Lex Sportiva." May 22 (2017)
5 Kashid-Patil et al, "Agriculture and Rural Development: Spatial Issues, Challenges and Approaches."

4Development of Sports Law in India
Numerous components upkeep India to require sports law. Maximum of the players in
the field of sports has shown that sports are one of the actions that boost the trait of
amusement and leisure. The impression states that games have transmuted into a big industry
that requires strict rules and policies6. In every country, we lean towards designated
establishments that are framed to administer all the games. Just like in other countries, India
too requires a specific structure of legislation to administer and finance their activities. India
requires sporting laws not only to administer and finance the sports but also to regulate the
functioning of the sports. Therefore, for the state to have massive progress in sporting
activities, then there must be legal policies that work to eradicate issues in sports. Only sports
laws will help India to achieve a positive vision when it comes to sporting issues. These
issues in sports require an appropriate legislative framework to regulate it. “There must be
laws and policies that show how club owners and players should negotiate issues such as
payments, working hours as well as working conditions in the country. There are various
causes of drug-related abuse in sporting activities in India7 . It is evident that the government
is formulating measures to restrict such activity, but still, it requires a proper law of such in
order to administer it.
Furthermore, there should be legislation in India to support the characteristic of
liability. Through this, it will be comparatively easier to achieve the goal for the
establishment of the new legislation. Subsequently, the sporting laws should govern the
promoting aspects of sportsmanship of a person that will be moral or ethical. The
visualization of sports in India can only be accomplished when the ethics would be
incorporated in such competition8. Through this correlation, it will be tranquil to encourage
the self-esteem of the players, not only that it will also increase the development and growth
6 M.P. Triathlon Association through its Secretary and Anr v Indian Triathlon Federation and Ors 1996
(8) SCALE 693
7 The Sherman Anti-Trust Act 1980
8 Art 252 of The Indian Constitution

5Development of Sports Law in India
of the sports in all parts of the country. The main objective of this study is to understand the
comparisons and to bring out an essential requirement for the need of legislations in sports. It
focuses on developing the sports law in India with the help of the precedents followed by
other countries for a better administration.
Research Question
The primary question that this study focuses upon includes the following:-
1. Is it necessary to develop the Sports Laws and Legislations in India?
2. Does India require their legislation and should formulate their own Sports Act?
3. How will the legislation and the policies of WTO, U.N., U.K. and Europe benefit in
the development of the sports law in India?
4. What will be the future of sports in India with the development of its own sports law?
Methodology
For the present purpose of this research, the researcher uses the doctrinal method for
the research. Concerning this, the researcher analyzed the primary as well as the secondary
sources of data relating to the need for the legislation that will specifically look upon the
sports. Under the primary sources, the researcher has looked upon various international
statues relating to the administration of sports activities and regulating it. It also includes
various judgments and various precedents stated laid by the court of law. On the other hand,
the secondary resources include various books, articles, essays, newspapers and other
external sites.
When we see practical research on the topic, we get to know the current situation and
provide various ways to react to such situations that helps in the development of the legal
thought process. The topic is of great concern as it is related to both the national as well as

6Development of Sports Law in India
the international spheres. The primary purpose of this topic is to show the urgent requirement
of the government to establish such a law in the country where sports is considered as a
profession.
Significance of the Study
Sports law in India will be active only when the entire country understands the gravity
of the need for such legislation. The Indian sports laws should imitate that has been in use in
areas such U.N., U.K. and U.S9. The study also incorporates the legislations and rules of such
countries and their implication in India in the field of sports. “The U.S. articles represent its
methodical tactic on sports law as it is classified it into beginner, professionals and
international levels each comprising of its law10”. It also entails how the U.N. has
acknowledged sports as a manner of concern based upon educational, health and social
progression. It has restructured the critical law system that guides such procedures and the
U.K., and Europe sports law involves the legal guideline improving the construction of a
traditional and social system in sports that is important for India.
Therefore, the prospect of the sports law in India will work only the country is ready
to accept the flaws it has and acknowledges to rectify them. Through the enactment of the
sports law, India will have a stiff future for sports law and also create a favourable
atmosphere where the rights of each player will be secured. So, in order to develop sporting
undertakings, legal strategies might help eradicate the negative issues. Only sports laws in
India will help to achieve a constructive vision in terms of sports.
9 Mark, James. Sports law. Macmillan International Higher Education, 2017.
10 Singh Chandel Yadav and Mani, "Sports Law in India-An Evolving Discourse or a Need for
Paradigm Shift." NUALS LJ 12 (2018): 2

7Development of Sports Law in India
Bibliography
1. Primary Sources
Art 252 of The Indian Constitution
M.P. Triathlon Association through its Secretary and Anr v Indian Triathlon Federation and
Ors 1996 (8) SCALE 693
The Sherman Anti-Trust Act 1980
2. Secondary Sources
Adlung, Rudolf, and Hamid Mamdouh. "How to design trade agreements in services: Top
down or bottom-up?." Journal of World Trade 48, no. 2 (2014)
James, Mark. Sports law. Macmillan International Higher Education, 2017
Shanediwan, Principal Dr RK, D. L. Kashid-Patil, and Mrs ND Kashid-Patil. "Agriculture
and Rural Development: Spatial Issues, Challenges and Approaches."
Sinclair, Scott. "The WTO and its GATS." In The Handbook of Globalisation, Third Edition.
Edward Elgar Publishing, 2019
Singh, Vijay Kumar. "Issues in Emerging Area of Sports Law: Lex Sportiva." May 22 (2017)
Yadav, Mani, and Abhinav Singh Chandel. "Sports Law in India-An Evolving Discourse or a
Need for Paradigm Shift." NUALS LJ 12 (2018): 21
Yadav, Mani, and Abhinav Singh Chandel. "Sports Law in India-An Evolving Discourse or a
Need for Paradigm Shift." NUALS LJ 12 (2018): 21

8Development of Sports Law in India