

Supreme Court to Decide Validity of Online Gaming Law—Cases from Three High Courts Transferred to Apex Bench
Consolidated Hearing on Promotion and Regulation of Online Gaming Act, 2025
On September 8, the Supreme Court allowed a petition by the Central government to transfer all pending constitutional challenges to the Promotion and Regulation of Online Gaming Act, 2025 from the High Courts of Delhi, Karnataka, and Madhya Pradesh to itself for joint adjudication. The order, passed by Justices JB Pardiwala and KV Viswanathan, aims to ensure judicial efficiency, consistency, and finality in the determination of the validity of the new central law banning real-money online gaming.
The law, notified on August 22, criminalizes the offering and participation in online games played for stakes—whether categorized as games of skill or chance—and prescribes strict penalties, including non-bailable offences and fines up to ₹1 crore for operators. The Act quickly faced multiple constitutional challenges from various online platforms and industry bodies, including Head Digital Works and Bagheera Carrom, arguing that it violates fundamental rights under Articles 14 and 19(1)(g) and ignores judicial precedents recognizing skill-based games as legitimate.
Solicitor General Tushar Mehta, for the Union, supported the transfer to avoid conflicting judgments and ensure uniformity. No gaming company opposed consolidation, with counsel welcoming early Supreme Court resolution. The Supreme Court’s order directs the High Courts to digitally transfer all records within one week and requires future constitutional challenges to be directly brought before itself.
The Centre’s plea highlighted constitutional importance, federal powers, and the risk of multiplicity and conflicting judgments, pressing for swift and authoritative resolution for stakeholders nationwide.
