Anti-doping in Sports - Indian Law
Keywords:
Anti-Doping, The National Anti-Doping Act, 2022, World Anti-Doping Agency (WADA), National Anti-Doping Agency (NADA), The World Anti-Doping Code (WADC), Court of Arbitration for Sport (CAS).Abstract
The author in this article/ paper has delved into the sphere of sports law in India that relates to Anti-Doping. The national law pertaining to the said topic is the main emphasis of this paper/ article i.e. The National Anti-Doping Act, 2022 and the International Organizations provided for in the said legislation. Along with analyzing the legislative competence of the said Act, the paper also highlights the necessary and important provisions of the Act, relating to setting up of Agency, Board, Panels,
Laboratories under the Act. Prohibition of doping, Consequences of violation, Disciplinary and Appeal Panels, Dope Testing Laboratories to mention a few.
References
The National Anti-Doping Act, 2022 (No. 15 of 2022). “https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf “
Constitution of India, Article 246. Subject-matter of laws made by Parliament and by the Legislatures of States.—(1) Notwithstanding anything in clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the “Union List”). (2) Notwithstanding anything in clause (3), Parliament, and, subject to clause (1), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included [in a State] notwithstanding that such matter is a matter enumerated in the State List. Constitution of India. https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Constitution of India, Article 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest.—(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to [goods and services tax provided under article 246A or] any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. (2) A resolution passed under clause (1) shall remain in force for such period not exceeding one year as may be specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such resolution is passed in the manner provided in clause (1), such resolution shall continue in force for a further period of one year from the date on which under this clause it would otherwise have ceased to be in force. (3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause (1) have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. “Constitution of India”. https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Constitution of India, Article 250. Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation.—(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to [goods and services tax provided under article 246A or] any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. Constitution of India. https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Constitution of India, Article 252. Power of Parliament to legislate for two or more States by consent and adoption of such legislation by any other State.—(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law, and if resolutions to that effect are passed by all the Houses of the Legislatures of those States, it shall be lawful for Parliament to pass an act for regulating that matter accordingly, and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or, where there are twoHouses, by each of the Houses of the Legislature of that State.
(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. Constitution of India. https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Constitution of India, Article 253. Legislation for giving effect to international agreements - Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Constitution of India. https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
Supra 1.
Ibid.
Ibid.
UNESCO. “International Convention against Doping in Sport. https://en.unesco.org/themes/sport-and-anti-doping/convention; International Convention against Doping in Sport. (Adopted October 19, 2005, Paris, France), Entered into force on February 01, 2007. https://www.unesco.org/en/countries/in/conventions
Ibid.
Section 2(o) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(zc) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(zb) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(za) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(a) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(c) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 14(1) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 34 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(n) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 4 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Government of India, NADA. About us. https://registration.nadaindia.in/#
Wikipedia The Free Encyclopedia. National Anti-Doping Agency (India). https://en.wikipedia.org/wiki/National_Anti-Doping_Agency_(India)
Ibid.
Section 2(zf) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 7 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(f) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 10 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 11 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(l) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 12 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Supra 17.
Section 13 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 14(6) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 19 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 20 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 21 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 22 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Ibid.
Section 23 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 23(9) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Explanation to Section 23 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Wikipedia The Free Encyclopedia. International Olympic Committee. https://en.wikipedia.org/wiki/International_Olympic_Committee; International Olympic Committee. https://olympics.com/ioc/overview
Wikipedia The Free Encyclopedia. Court of Arbitration for Sport. https://en.wikipedia.org/wiki/Court_of_Arbitration_for_Sport
World Anit-Doping Code 2021. https://www.wada-ama.org/sites/default/files/resources/ files/2021_wada_code.pdf; World Anti-Doping Agency (WADA). The World Anti-Doping Code. https://www.wada-ama.org/en/what-we-do/world-anti-doping-code
Ibid.
Section 2(h) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(v) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 2(zi) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Wikipedia The Free Encyclopedia. World Anti-Doping Agency. https://en.wikipedia.org/wiki/World_Anti-Doping_Agency
Section 16(3)(i) of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Section 26 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
Ibid.
Section 29, 30, 31 of the National Anti-Doping Act, 2022. https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
