Supreme Court Demands Detailed Response from Centre on Controversial Online Gaming Law
Supreme Court's Inquiry into Online Gaming Legislation
New Delhi: On Tuesday, the Supreme Court instructed the Central Government to submit a detailed response regarding petitions that contest an online gaming law. This law prohibits online money games and restricts banking services and advertising associated with them.
A bench comprising Justices J B Pardiwala and K V Viswanathan noted that the Centre had submitted a reply concerning the interim requests made in the petitions.
The bench emphasized the need for the Additional Solicitor General representing the Union to provide a thorough response to the main petition.
They also requested that a copy of this reply be shared in advance with the advocates for the petitioners, allowing them to file any rejoinders promptly.
The case has been scheduled for a hearing on November 26.
The Promotion and Regulation of Online Gaming Act, 2025, represents the first central legislation aimed at banning real-money online gaming, including fantasy sports and e-sports played for stakes. This law has faced legal challenges in the Delhi, Karnataka, and Madhya Pradesh high courts.
Senior advocate C A Sundaram, representing the petitioners, informed the bench that the online gaming business had been completely halted for over a month.
During the proceedings, one advocate mentioned that a new writ petition had been filed but had not yet been scheduled for a hearing.
The petitioner, a chess player, expressed that online gaming is his livelihood and he was on the verge of launching an app.
Justice Pardiwala remarked on the peculiar situation in India, where a player’s desire to participate in games is tied to their income, thus justifying their involvement in the proceedings.
The counsel highlighted that the petitioner engages in online tournaments organized by companies and pays a participation fee.
The bench agreed to associate his plea with the ongoing petitions.
The Supreme Court is currently reviewing a series of transferred petitions that challenge the online gaming law.
Additionally, the bench noted that a separate petition seeking government action against online gambling and betting platforms masquerading as social and e-sports games would also be addressed on November 26.
On Monday, the Supreme Court had requested a response from the Centre regarding a plea submitted by the Centre for Accountability and Systemic Change (CASC) and Shourya Tiwari.
The petitioners contend that the Act imposes an all-encompassing ban even on skill-based games recognized by the judiciary, infringing upon Article 19(1)(g) of the Constitution, which guarantees the right to pursue any profession or lawful trade.
Recently, the Karnataka High Court issued a notice in another related petition.
On September 8, the Supreme Court granted a request from the Centre to transfer petitions challenging the Promotion and Regulation of Online Gaming Act, 2025, from three high courts to the apex court to prevent conflicting judgments.
The petitions from the Delhi, Karnataka, and Madhya Pradesh high courts were transferred to the Supreme Court.
The Ministry of Electronics and Information Technology (MeitY) filed the request for transferring these cases to the apex court.
The plea stated that due to multiple litigations pending in various high courts addressing similar legal questions and challenging the same Act, it is crucial to consolidate these cases to avoid divergent opinions and redundant proceedings.
Following the law's presidential assent, numerous petitions were filed in high courts contesting its validity.
The law prohibits the offering or playing of online money games, irrespective of whether they are games of skill or chance, categorizing violations as cognizable and non-bailable offenses.
The bill was introduced in the Lok Sabha on August 20, passed within two days by voice vote in both Houses of Parliament, and received presidential assent on August 22.