India’s apex court to hear all challenges on Online Gaming Act
The Supreme Court of India on Monday ordered that all petitions challenging the Promotion and Regulation of Online Gaming Act, 2025, currently pending before various High Courts, be transferred to the apex court for a joint hearing. The decision brings together proceedings from the Delhi, Karnataka and Madhya Pradesh High Courts, centralising the matter before one bench for a uniform ruling.
Supreme Court transfers all cases
A bench comprising Justices JB Pardiwala and KV Vishwanathan allowed the Centre’s transfer petition. The court directed that all case records from the three High Courts be transferred digitally within one week. The bench also clarified that any fresh petitions filed in other High Courts on the validity of the Act must not be entertained but directly moved to the Supreme Court.
Solicitor General of India Tushar Mehta, appearing for the Union government, argued that consolidation of the petitions was essential. He stated that similar issues had already been considered by the same bench and hearing them together would make it easier to bring the matter to a conclusion. Senior Advocate C. Aryama Sundaram also supported the request for urgent transfer, adding that digital consolidation would ensure efficiency in the proceedings.
Details of controversial act
The Promotion and Regulation of Online Gaming Act, 2025, was passed by Parliament earlier this year and received the President’s assent soon after. The law imposes a complete ban on online games involving real-money stakes. It makes offering or participating in such games a cognisable and non-bailable offence.
Notably, the legislation does not distinguish between games of skill and games of chance. This omission has drawn criticism from gaming companies and industry bodies, which argue that skill-based gaming has been recognised by courts in the past as a legitimate business activity protected under constitutional rights.
Petitions filed by industry players
Several leading gaming platforms and industry associations have challenged the Act. Head Digital Works, operator of the A23 platform, has filed a petition in the Karnataka High Court. In Delhi, Bagheera Carrom (OPC) Pvt. Ltd., a member of the E-Gaming Federation, has approached the High Court. Clubboom 11 Sports and Entertainment Pvt. Ltd., affiliated with the Federation of Indian Fantasy Sports (FIFS), has moved the Madhya Pradesh High Court.
The petitions argue that the Act is unconstitutional and violates fundamental rights under Articles 14, 19 and 21 of the Constitution. According to the petitioners, the law is vague, disproportionate and fails to account for judicial precedents that have distinguished between games of skill and chance.
Risk of conflicting judgments
The Union government filed its transfer petition last week, warning of the risk of conflicting rulings from multiple High Courts if the cases continued separately. The Supreme Court bench accepted this reasoning, noting that centralisation of the proceedings would avoid inconsistent decisions and ensure an authoritative ruling on the issue.
The consolidation of cases before the Supreme Court now sets the stage for a decisive verdict on the validity of the 2025 Act. The outcome will have far-reaching implications for India’s fast-growing online gaming industry as well as for the scope of constitutional protections for digital businesses.
