The Supreme Court of India announced on Thursday that it will hear a series of petitions contesting the legality of the online gaming ban law on November 4. This law, known as the Promotion and Regulation of Online Gaming Act, 2025, prohibits “online money games” and restricts banking services and advertising related to these activities. The bench, which includes justices J B Pardiwala and K V Viswanathan, made this decision following a mention of the matter by senior advocates C Aryaman Sundaram and Arvind P Datar, who represented the petitioners in various high courts.
Sundaram noted that the cases had previously been directed to the Chief Justice, who suggested that the same bench should address the scheduling of the hearing. He indicated that the issue was raised before a bench led by Chief Justice B R Gavai, who agreed that it would be appropriate for Justice Pardiwala”s bench to hear the case as planned on November 4. “Then we will hear it,” remarked Justice Pardiwala.
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 that involve stakes. This law has faced scrutiny and legal challenges in the Delhi, Karnataka, and Madhya Pradesh high courts. Petitioners argue that the law imposes an excessive ban that encompasses games recognized by the judiciary as skill-based, thereby violating Article 19(1)(g) of the Constitution, which protects the right to engage in lawful professions and trades.
On Wednesday, the Karnataka High Court also issued a notice regarding another related petition. Earlier, on September 8, the Supreme Court granted a request from the central government to consolidate the challenges to the Promotion and Regulation of Online Gaming Act, 2025, transferring cases from the three high courts to the apex court to prevent conflicting decisions. The court instructed the high courts to send all relevant documents, including any pending applications, within a week, emphasizing the need for digital transfers to expedite the process.
The Ministry of Electronics and Information Technology (MeitY) initiated the transfer request due to multiple ongoing litigations across different high courts that raised similar legal questions about the validity of the same law. After the Act received presidential assent, numerous petitions were filed in various high courts challenging its constitutionality. The specific petitions include Head Digital Works Private Limited & Anr Vs Union of India in the Karnataka High Court, Bagheera Carrom (OPC) Pvt Ltd Vs Union of India in the Delhi High Court, and Clubboom 11 Sports & Entertainment Private Limited Vs Union of India in the Madhya Pradesh High Court.
The law categorically prohibits the offering or playing of online money games, irrespective of whether they are classified as games of skill or chance, and designates violations as cognizable and non-bailable offenses. The bill was introduced in the Lok Sabha on August 20, passed swiftly by both Houses of Parliament within two days, and received presidential assent on August 22.
