SC to hear Centre’s plea to transfer Online Gaming Act petitions

The Supreme Court on Thursday agreed to hear Monday the Centre's plea seeking transfer of petitions, which have challenged the Promotion and Regulation of Online Gaming Act 2025, from three different high courts to the apex court to avoid conflicting decisions.

The Ministry of Electronics and Information Technology (MeitY) has sought transfer of three pending cases from the high courts of Karnataka, Delhi and Madhya Pradesh to the apex court on the grounds that different HCs may arrive at inconsistent findings on the same Central legislation, which could create legal uncertainty, and a consolidated hearing before the SC would also ensure uniformity of judicial pronouncements.

The petition has sought transfer of the petitions filed by Head Digital Works (pending before the Karnataka HC), Bagheera Carrom (OPC) (pending before the Delhi HC) and Clubboom 11 Sports & Entertainment (pending before the Madhya Pradesh HC), it said.


Due to multiple litigations pending before various High Courts involving same or substantially similar question of law and challenging the vires of the same Impugned Act, it is imperative that the same is transferred to this court or any high court to avoid any divergence of opinions or multiplicity of proceedings, the petition stated.

The 2025 Act, which received presidential assent on August 22, but is yet to be notified, imposes blanket ban on real-money online gaming in India, including popular formats such as fantasy sports.

The law prohibits offering or playing online money games, regardless of whether they are games of skill or chance, and categorises violations as cognisable and non-bailable offences.

“The law was passed with the objective of promoting and strategically regulating the online gaming sector, while safeguarding citizens from the adverse effects of online money games, and simultaneously encouraging and regulating other forms of online gaming, the government stated, adding that the Act raised questions including whether it violated Articles 14 (right to equality), 19(1)(g) (right to practice professions), and 21 (right to life and liberty) of the Constitution.

The Act prohibits advertising and promotion of such games and financial transactions related to these platforms cannot be processed by banks or payment systems. Further, the authorities will also be empowered to block access to unlawful platforms under the Information Technology Act, 2000.

On August 30, the Karnataka High Court had issued a notice to the Centre on a petition by Head Digital Works, which operates India's marquee gaming brand 'A23', against the government's ban on online money gaming in India.

The government Tuesday told the Delhi High Court that it will soon constitute a regulatory authority and frame rules and regulations under The Promotion and Regulation of Online Gaming Act, 2025. The HC was hearing a petition by Bagheera Carrom (OPC) challenging the Act, which, according to it, was promulgated in haste, without stakeholder consultation and in violation of the fundamental rights, due process of law, federal principles and the doctrine of separation of powers.

On Wednesday, the Madhya Pradesh HC sought the government's reply on a petition by Clubroom 11 Sports and Entertainment challenging the 2025 Act. Therein, the petitioner argued that fantasy sports was a distinct category of online gaming that has already been upheld in several judicial pronouncements and, therefore, the government ought to regulate the sector rather than prohibit it outright.