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India's Supreme Court to hear challenges to Online Gaming Act

Court will consider petitions contesting the country's nationwide ban on online real-money games.

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Key Points
India's Supreme Court has agreed to hold a final hearing on petitions challenging the Online Gaming Act
A separate public interest petition seeks action against betting platforms allegedly operating as social and esports games
The Government has yet to respond to an earlier court direction relating to the PIL, according to the petitioner

India's Supreme Court has agreed to hold a final hearing on a batch of petitions challenging the Promotion and Regulation of Online Gaming Act. The move marks the next major stage in the legal battle over the country's online gaming framework.

A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi directed all parties, including the Solicitor General, to complete their pleadings before the matter proceeds.

Alongside the constitutional challenges, the Court also agreed to hear a public interest litigation (PIL) filed by the Centre for Accountability and Systemic Change (CASC), which is seeking directions requiring the Central Government to prohibit online gambling and betting platforms allegedly operating under the guise of social and esports games.

During the hearing, counsel representing CASC told the Court that a previous Bench had directed the Government to respond to the petition in October 2025, but argued that no reply has yet been filed. The petitioner also claimed to have previously submitted a list of around 2,000 gaming applications allegedly facilitating betting and gambling activities despite the legislative framework.

The PIL requests that several Union ministries jointly interpret the Online Gaming Act alongside state legislation to prevent gambling and betting platforms from operating under alternative classifications.

Separately, Dr K A Paul leads a broader group of petitioners challenging various provisions of the legislation itself. Among the principal issues raised is whether the Act's nationwide prohibition on all online real-money games, including traditional skill-based games such as rummy and poker, infringes the constitutional right to carry on a lawful trade or business.

The development comes shortly after the Government clarified how the new regulatory regime applies to esports. Last week, it confirmed that games offered as esports must undergo determination and registration with the Online Gaming Authority of India, while registration requirements for other online games apply only in circumstances specifically set out under the Act and its accompanying rules.

The Supreme Court's forthcoming hearing is expected to provide greater clarity on both the scope of the legislation and its interaction with India's constitutional protections and broader online gaming market.

Good to know

India's Promotion and Regulation of Online Gaming Act, 2025, together with its accompanying rules, came into force on 1 May 2026

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