Manisha Yadav
On 8 September 2025, the Supreme Court transfers all petitions challenging the constitutional validity of the new law banning real-money online games from various High Courts to itself. This decision was made to avoid conflicting judgements in several High Courts.
Justices JB Pardiwala and KV Viswanathan approved the transfer petition submitted by the Union government. In their order, they stated, “The transfer petition is allowed and the proceedings are transferred to Supreme Court.” The Centre mentioned that at least three High Courts Karnataka, Delhi and Madhya Pradesh were currently dealing with challenges to the Promotion and Regulation of Online Gaming Act, 2025.
The Ministry of Electronics and Information Technology filed a transfer petition for the consolidation of writ petitions pending in the High Court of Delhi, Karnataka & Madhya Pradesh. This petition submitted by Head Digital Works Pvt Ltd, Bagheera Carrom (OPC) Private Limited and Clubboom11 Sports & Entertainment Private Limited.
The petitions also claimed that Parliament lacked the legislative competence to enact such a law. The Act fails to differentiate between games skill and games of chance. The petitioners mutually criticised the definition of “online money games” as unconstitutional.
The government’s petition further highlighted that the Promotion and Regulation of Online Gaming Act apply whole of India. Either online money gaming services are operated from abroad or offered within the country.
The Centre argues that once Parliament passes a law and the President gives assent, its notification is a “constitutional function” beyond the scope of judicial restraint.
On 21 August 2025, the Act passed by Parliament which recognizes e-sports as a legitimate competitive sport, promoting its growth and development in India.
The Act prohibits online money games, imposing strict penalties. Provider of online money gaming services face up to 3 years in prison and fines of up to ₹1 crore for violating the Act. For advertising or promoting online games can result up to 2 years in prison and fines of up to ₹50 lakh.
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