High Court cases challenging the online gaming legislation are being sought to be relocated to the Supreme Court by the Centre.
The Central government has moved the Supreme Court seeking the transfer of petitions challenging the constitutional validity of the Promotion and Regulation of Online Gaming Act, 2025. The law, which is the first Central legislation to impose a nationwide prohibition on online games played for stakes, has been challenged by various petitioners before three different High Courts - Delhi, Karnataka, and Madhya Pradesh.
The Centre has contended that continuation of multiple cases simultaneously would cause delay and prejudice, whereas transfer would allow for a speedy and final resolution. These issues, according to the government, are of general public importance and warrant an authoritative ruling from the Supreme Court.
The law criminalizes offering or playing online money games, irrespective of whether they are games of skill or chance. The petitions challenging the law raise the same or substantially similar questions of law concerning the validity of the Online Gaming Act.
The Madhya Pradesh High Court has asked the Union government to respond to a plea challenging the plea on September 3. Last week, the Karnataka High Court sought the Union government's response to a plea by Head Digital. An online carrom game platform has also moved the Delhi High Court challenging the validity of the Act.
The Centre has filed an application for ad-interim ex-parte stay of the proceedings before the High Courts. The petition regarding the constitutionality of the Online Games Regulation Act 2025 is first filed or housed with a designated lower or High Court before its transfer and admission by the Supreme Court of India. The transfer requests are managed through the Supreme Court's registry, which assesses and assigns the petitions prior to Supreme Court hearing.
The Union government counsel mentioned the transfer plea before Chief Justice of India (CJI) BR Gavai for listing next week. CJI Gavai agreed to list the case. The case was also listed for interim orders before the Karnataka High Court.
The issues at stake are of significant importance to the Supreme Court of India's Online Gaming Act, 2025 and online money games. The case involves questions related to the Constitution, including questions on violation of Articles 14 and 19, conflict between Centre and States, and the treatment of games of skill at par with games of chance. The Centre has sought transfer of all of those cases to the Supreme Court to avoid multiplicity of litigation.
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