Supreme Court Seeks Centre’s Comprehensive Reply on Challenge to Online Gaming Ban
Supreme Court to hear challenge to Online Gaming Act on November 26
The Supreme Court on Tuesday directed the Union government to file a comprehensive response to a batch of petitions challenging the Promotion and Regulation of Online Gaming Act, 2025, which imposes a blanket ban on online money gaming across the country.
The Benchof Justice JB Pardiwala and Justice KV Viswanathan was hearing pleas filed by several online gaming companies that have questioned the constitutional validity of the new law.
The petitioners argued that their operations have remained shut for over a month, despite the fact that rules under the Act are yet to be notified.
The Bench took note of the concerns raised by the companies and asked the Centre to provide a detailed affidavit addressing the issues raised in the petitions.
The matter will next be heard on November 26.
On October 7, the Court had Senior Advocate C.A. Sundaram, appearing for the petitioners, had urged for an early hearing, stating, “This has national ramifications and my business is shut down." Solicitor General Tushar Mehta, representing the Union government had informed the Court that a reply had been filed, while Sundaram clarified that the response was only to the interim application and not to the main matter.
When the Bench had noted possible overlaps with the GST-related proceedings, Additional Solicitor General (ASG) N. Venkataraman had said the only common issue concerned the Union’s legislative powers. Sundaram, however, emphasized that he was not questioning the Union’s competence but challenging the constitutionality of the Act itself.
The Bench had said the case may be placed before the Chief Justice since it had earlier heard the GST-related matter.
Previously, on September 26, after a mentioning was made before the Court seeking urgent listing of the petitions challenging the Promotion and Regulation of Online Gaming Act, 2025. CJI BR Gavai had agreed to list the same. "Our businesses have been shut down, our petition was before the Karnataka High Court which has been transferred here at the instance of the Centre..please list it urgently..", a counsel appearing before the CJI's bench had submitted.
Notably, petitions were filed before the High Courts of Madhya Pradesh, Delhi and Karnataka. Just today, Karnataka High Court deferred the hearing writ petitions challenging the newly enacted Online Gaming Act, 2025, noting that the Centre has moved to consolidate similar challenges before the Supreme Court.
Karnataka High Court had deferred the hearing writ petitions challenging the newly enacted Online Gaming Act, 2025, noting that the Centre had moved to consolidate similar challenges before the Supreme Court. Head Digital Works, the parent company of A23, challenged the validity of the Act in the Karnataka High Court, arguing that it violated fundamental constitutional rights, including the freedom to conduct business under Article 19(1)(g), and infringed on the established legal distinction between games of skill and games of chance.
Union government had told the Delhi High Court that it is in the process of notifying the Promotion and Regulation of Online Gaming Act, 2025, and will also constitute a regulatory authority with supporting rules under the new law.
The Promotion and Regulation of Online Gaming Bill, 2025 was introduced in the Lok Sabha on August 20, cleared by both Houses of Parliament within two days through a voice vote, and received Presidential assent on August 22. Several past Supreme Court judgments had recognised games like rummy, poker and carrom as predominantly skill-based and therefore outside the scope of state gambling prohibitions.
The legislation, hailed as a forward looking digital policy measure, seeks to balance innovation in India’s gaming sector with strong consumer protection, by encouraging e-sports and social gaming while imposing a complete prohibition on exploitative online money games.
Case Title: Head Digital Works Private Limited v. Union of India
Hearing Date: November 4, 2025
Bench: Justices JB Pardiwala and KV Viswanathan