The Supreme Court has transferred all petitions challenging the Promotion and Regulation of Online Gaming Act, 2025 from Delhi, Karnataka, and Madhya Pradesh High Courts to itself. The landmark case will now settle the constitutional validity of India’s first nationwide ban on online gaming for stakes.
New Delhi: The Supreme Court on Monday allowed a petition filed by the Central government to transfer all cases challenging the Promotion and Regulation of Online Gaming Act, 2025 from different High Courts to the apex court.
The Central government had requested the Supreme Court to bring together petitions pending before three different High Courts—Delhi, Karnataka, and Madhya Pradesh.
Solicitor General Tushar Mehta, appearing for the Centre, said,
“This is a challenge to the Act challenged before three High Courts. If they can be called here, it would save time.”
Interestingly, the gaming companies who had moved the High Courts did not oppose the transfer. Senior Advocate C Aryama Sundaram, appearing for the petitioners, told the Bench,
“We will be very happy if we get a finality if the Court hears it. I had pressed for interim order, therefore my lords please transfer.”
After hearing both sides, the Bench of Justices JB Pardiwala and KV Viswanathan allowed the government’s plea.
The Court ordered,
“This transfer petition is at the instance of Union of India. The transfer as prayed for is allowed. The proceedings from Karnataka High Court, Delhi High Court and Madhya Pradesh High Court stand transferred to this Court. The respective High Courts are requested to transfer the entire record within a period of one week from today. Let this transfer be done digitally to save time. The transfer petition is accordingly disposed of. Once entire records are transferred, the registry shall do the needful and list it before the Court at the earliest. If the parties intend to file the writ petition with the entire record. They may do so with the registry.”
The Promotion and Regulation of Online Gaming Act, 2025, notified on August 22, is India’s first central law that bans online games played for stakes across the country.
It makes offering or playing such games—whether they are classified as skill-based or chance-based—a criminal offence. These offences are cognisable and non-bailable.
The Act was introduced in the Lok Sabha on August 20, passed within two days by a voice vote in both Houses of Parliament, and received Presidential assent soon after.
With this, the law marked a big shift from the earlier system where regulation of online gaming was left mostly to individual States and courts that had drawn distinctions between games of skill and chance.
Soon after it was notified, the law faced several constitutional challenges. Online platforms such as Head Digital and other gaming operators approached different High Courts, arguing that the law violates their fundamental rights under Articles 14 and 19(1)(g) of the Constitution.
On September 3, the Madhya Pradesh High Court issued notice to the Union government in a plea challenging the Act.
The Karnataka High Court, in a case filed by Head Digital, also sought the Centre’s response last week. Similarly, an online carrom platform moved the Delhi High Court with a related challenge.
In its application before the Supreme Court, the Centre said that all cases should be heard together by the top court. It highlighted four major reasons for this:
- Multiplicity of proceedings: Similar issues were being heard in different High Courts, creating a risk of conflicting judgments.
- Uniformity and certainty: The Supreme Court hearing the matter directly would ensure consistent rulings on a central law.
- Constitutional importance: The challenges raise big questions such as violation of fundamental rights, division of powers between Centre and States, and treating skill-based games the same as chance-based games.
- Expeditious justice: Parallel hearings in multiple courts could delay the process, while a consolidated hearing in the apex court would allow for quicker resolution.
The government also asked for an interim stay on the High Court proceedings until the transfer decision was made.
With the transfer now allowed, all records from the three High Courts will be sent digitally to the Supreme Court within a week, and the matter will be listed for hearing soon.
Case Title:
Union of India vs Head Digital.
Click Here to Read Previous Reports on Aaj Tak
