The Supreme Court will hear on November 26 a batch of petitions challenging the validity of the Promotion and Regulation of Online Gaming Act, 2025, the first central law to impose a nationwide prohibition on online games played for stakes. (Head Digital Vs Union of India)
A Bench of Justices JB Pardiwala and KV Viswanathan directed the government to file a comprehensive response to the petitions.
It also sought the Centre's response on a separate plea filed by the Centre for Accountability and Systemic Change (CASC), an NGO, seeking directions to curb online gambling platforms allegedly operating in the guise of social or esports games. The plea sought blocking orders under Section 69A of the IT Act and enforcement of the forthcoming central gaming law against unlicensed betting and money games. The Court tagged this petition with the main batch of cases concerning the Online Gaming Act.
The Court had earlier taken over the cases from different High Courts after allowing the Union government’s transfer plea.
Earlier, petitions questioning the constitutionality of the Act were pending before the Delhi, Karnataka and Madhya Pradesh High Courts, but were shifted to the Supreme Court pursuant to the Centre’s request.
The Act, which was notified on August 22, is the first central law to impose a nationwide prohibition on online games played for stakes. It criminalises offering or participating in such games—whether classified as games of skill or chance—with offences being cognisable and non-bailable.
The Bill was introduced in the Lok Sabha on August 20, passed by voice vote in both Houses within two days and quickly received Presidential assent. The law represents a significant shift in the regulation of the online gaming sector previously governed largely by State-level legislation and judicial pronouncements distinguishing games of skill from games of chance.
The Act then faced multiple constitutional challenges before the Delhi, Karnataka and Madhya Pradesh High Courts.
Petitioners include online platforms such as Head Digital and other gaming operators who moved the High Courts arguing that the law disproportionately curtails fundamental rights under Articles 14 and 19(1)(g).
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 petition filed by Head Digital, also sought the Centre’s response.
An online carrom platform moved the Delhi High Court with a similar challenge.
The Central government then filed a transfer plea before the Supreme Court to shift all petitions to the top court to avoid multiplicity of proceedings.