Delhi High Court dismissed the PIL that Challenged Tendulkar’s Nomination to Rajya Sabha

The High Court of Delhi on 19 December 2012 dismissed the PIL (Public Interest Litigation) that challenged Indian Cricketer Sachin Tendulkar’s nomination to the Rajya Sabha under the category of person with special knowledge or practical experience in any form of science, art, literature and social service.

The High Court’s Division Bench comprising Chief Justice Darmar Murugesan and Justice Rajiv Sahai Endlaw admitted sports as a form of art and it justified the argument of Union Government that Sachin Tendulkar as a person with special knowledge and practical experience in art. The Court also stated that Art holds no satisfactory definition for itself in Indian Constitution. The decision to define sports as a form of art was reached by the Court after referring to experts, dictionaries, jurists and other sources.

The court also took into consideration that time has defined art in different form and so different authors of such time in their creations. Art for a common man means a specific skill that can even be an occupation or a profession and therefore sports can be included into the category of Art – and sports is a skill that has its masters too.

The division bench also spotted Article 80 (3) of the words that in context of the matter of such type literature, science, art and social service has remained illustrative and not exhaustive.

The Petition and Petitioner

Ram Gopal Singh Sisodia, the former MLA from Delhi filed a petition that seeking nullification of the cricketer’s appointment to Upper House – as the cricketer didn’t possess the qualifications mentioned in Article 80(3) of the Indian Constitution, which allows him to be nominated to the Upper House of the nation. The petitioner mentioned that a person with knowledge or experience in literature, science, art, social service and cooperative movement can only be nominated to the upper house of the Indian Parliament, whereas there exist no such clause for nomination of a sportsperson.

Article 80 (3)

The Article 80 (3) of the Constitution of India states that the person - The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:- Literature, science, art and social service.