SC seeks Centre’s detailed response on pleas against online gaming ban law

The Supreme Court on Tuesday asked the Centre to file a comprehensive response on a batch of petitions challenging provisions of the Promotion and Regulation of Online Gaming Act, 2025, which prohibits “online money games” and restricts associated banking and advertising services.

A bench of Justices J.B. Pardiwala and K.V. Viswanathan was informed that the Union government had already filed a reply on the interim relief sought in the petitions.

“We want the Additional Solicitor General appearing for the Union to file a comprehensive reply to the main petition itself,” the bench observed, directing that copies be shared with petitioners’ counsel in advance. The court said rejoinders may be filed at the earliest and listed the matter for hearing on 26 November.

The 2025 law, the first central legislation regulating and prohibiting real-money online gaming nationwide, bars both skill-based and chance-based paid online games, including fantasy sports and esports played for stakes. It has faced multiple constitutional challenges, initially filed before the Delhi, Karnataka and Madhya Pradesh High Courts, before being transferred to the Supreme Court to avoid conflicting decisions.

Senior advocate C.A. Sundaram told the bench that operations of the online gaming industry had been 'completely shut for over a month' due to the ban. During the hearing, counsel for a chess player seeking to challenge the law said the petitioner relied on online tournaments for livelihood and had planned to launch a gaming application.

Justice Pardiwala remarked, “India is a strange country. You are a player. You want to play. It’s your only source of income and therefore, you want to join the proceedings.” The bench directed that the plea be tagged with the pending matters.

The court is also hearing a separate petition seeking directions to prohibit online gambling and betting platforms that allegedly operate under the guise of social gaming and esports. That matter too will be taken up on 26 November.

Petitioners challenging the 2025 Act argue that the law amounts to a blanket ban, including on judicially recognised skill-based games, and violates Article 19(1)(g) of the Constitution, which guarantees the right to carry on lawful trade or profession. They contend that paid skill-based formats have been upheld as legitimate commercial activities by courts, including in judgments from Karnataka and Madras High Courts prior to the present framework.

The Centre had earlier sought transfer of proceedings from the high courts, stating that multiple litigations on the same issue risked divergent rulings. The Bill was introduced in the Lok Sabha on 20 August, passed by both Houses within two days by voice vote, and received presidential assent on 22 August. The legislation categorises violations as cognisable and non-bailable offences.