Centre files plea for transferring petitions against Online Gaming Act to Supreme Court

A bench of justices agreed to list for hearing next week the plea of Ministry of Electronics and Information Technology for transfer of three pending cases.

New Delhi: The Union government has filed a plea in the Supreme Court seeking transfer of pleas challenging the Promotion and Regulation of Online Gaming Act, 2025 from three high courts to the apex court to avoid conflicting verdicts.

A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran agreed to list for hearing next week the plea of Ministry of Electronics and Information Technology (MeitY) for transfer of three pending cases from the high courts of Karnataka, Delhi and Madhya Pradesh to the apex court.

"(The) Union has filed a transfer plea... The Online Gaming Regulation Act has been challenged before three high courts. If it can be listed on Monday since it's listed for interim orders before the Karnataka High Court," the Centre's counsel said.

The plea also sought a stay of all proceedings in the writ petitions pending before different high courts. 

Due to multiple litigations pending before various High Courts involving same or substantially similar question of law and challenging the vires of the same Impugned Act, it is imperative that the same is transferred to this court or any High Court to avoid any divergence of opinions or multiplicity of proceedings, the plea said.

It said after the law got President's assent, multiple petitions were filed in the high courts challenging the validity of the Act.

The law was passed with the objective of promoting and strategically regulating the online gaming sector, while safeguarding citizens from the adverse effects of online money games, and simultaneously encouraging and regulating other forms of online gaming, it said.

The plea said the Act raised questions including whether it violated Articles 14 (right to equality), 19(1)(g) (right to practice professions), and 21 (right to life and liberty) of the Constitution. 

Another issue pointed out was whether the law encroached upon the legislative competence of states under the federal structure.

Whether the impugned Act failed to distinguish between games of skill and games of chance, thereby violating Article 14 of the Constitution, another question read.

Hence, the present transfer petition is being filed seeking transfer of the following writ petition titled as Head Digital Works Private Limited & Anr Vs Union of India pending before the High Court of Karnataka at Bengaluru Writ Petition titled as Bagheera Carrom (OPC) Pvt Ltd Vs Union of India pending before the High Court of Delhi at New Delhi Writ Petition titled as Clubboom 11 Sports & Entertainment Private Limited Vs Union of India pending before the High Court of Madhya Pradesh, it said.

The Promotion and Regulation of Online Gaming Act, 2025 is the first Central legislation imposing a nationwide ban on real-money online gaming, including popular formats such as fantasy sports. The law prohibited offering or playing online money games, regardless of whether they are games of skill or chance, and categorises violations as cognisable and non-bailable offences.

The Bill was introduced in the Lok Sabha on August 20. It was passed within two days by voice vote in both Houses of Parliament and received presidential assent on August 22.