SC upholds online lottery ban by Kerala govt

The Supreme Court on Thursday upheld the decision of Kerala government to prohibit sale of online lottery tickets, saying the state was “well within its legislative competence” to regulate such lotteries.

“We are of the considered opinion that the State of Kerala was well within its rights to prohibit the sale of online or internet lotteries in its State and there is no fault in it. It is well within the powers conferred on it under Section 5 of the Act,” a bench headed by Chief Justice H L Dattu said.

The apex court said a state government can “organise, conduct or promote” a lottery and it would be within the legislative power “complying with the provisions of the Act made by the Parliament”.

Noting that lottery was a form of gambling, the court said it was an evil which was considered “vice” by all civilised societies.

“It is common case that lottery is a species of gambling. Gambling is considered as a pernicious vice by all civilised societies from time immemorial. The Rig Vedas, Smritis and Arthashastras have condemned gambling as a vice. Several Judges and learned authors are unanimous in their condemnation of gambling,”a three-judge bench presided by Chief Justice H L Dattu said.