Supreme Court briefly debates questions on ‘competence’ of Parliament to legislate on online gaming

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The Supreme Court connected Thursday (December 11, 2025) witnessed a little statement connected whether the Parliament was really “competent" to enact the caller online gaming law, which banned existent wealth games, related banking services and advertisements.

The abbreviated proceeding witnessed an speech among the Chief Justice, elder lawyers appearing for online gaming platforms and the Centre connected the constituent if online gaming could beryllium classified arsenic a ‘betting and gambling’ activity.

If so, ‘betting and gambling’ were subjects enumerated nether Entry 34 of the State List successful the Seventh Schedule of the Constitution. Only the States had jurisdiction to marque laws to govern these activities.

The Chief Justice indicated that the petitions would travel up earlier a three-judge Bench successful January 2026 for a threadbare proceeding connected whether the “Parliament had acted beyond its competence” to enact the Promotion and Regulation of Online Gaming Act, 2025.

Senior advocates C.A. Sundaram, Arvind Datar and advocator Rohini Musa, representing the online gaming entities, said a two-judge Bench of the apex tribunal headed by Justice J.B. Pardiwala was besides proceeding petitions challenging the 2025 Act and laws enacted by Karnataka, Tamil Nadu, and different States. The competence of the Parliament to enact the 2025 Act had besides travel up earlier Justice Pardiwala’s Bench, they briefed the CJI.

Mr. Sundaram and Mr. Datar urged the tribunal to perceive the lawsuit early. They person been seeking the interim alleviation of a enactment of the implementation of the Act.

“People person mislaid jobs. There is implicit uncertainty,” they pleaded.

Solicitor General Tushar Mehta, for the Centre, asked the tribunal to not bounds the exertion of its caput to simply a question of competence, but absorption connected the legislative volition down the 2025 Act.

The Centre has argued that online existent wealth gaming platforms had nary close to commercialized oregon assemblage astatine the outgo of quality lives, arsenic wealth sourced done these activities were either being laundered oregon utilized arsenic backing for panic too being a root of expanding addiction and fatalities among young users.

The authorities justified the instauration of the Promotion and Regulation of Online Gaming Act to curb the accelerated dispersed of online wealth games, creating “serious risks for individuals, families and the nation”. It noted that an estimated 45 crore radical were negatively affected by online wealth games and faced a nonaccomplishment of much than ₹2,000 crore.

“There tin beryllium nary close to assemblage oregon commercialized astatine the outgo of quality lives, which online wealth gaming is known to take, period aft month, crossed the country,” the Centre has submitted.

The authorities said “systemic ineligible violations” linked to online wealth gaming (OMG) platforms see large-scale taxation evasion, wealth laundering, transverse borderline illicit money flows and “vulnerabilities” relating to imaginable panic financing and different economical offences. Government information had showed a crisp summation successful outward remittances, particularly successful 2023-2024, wherever outflows exceeded ₹5,700 crore.

Published - December 11, 2025 12:47 p.m. IST

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