The Supreme Court of India, on Tuesday, November 4, requested a detailed response from the Union Government on a petition challenging a blanket ban on gambling activities across the country. India’s Promotion and Regulation of Online Gaming Act, 2025, prohibits all forms of online money games, such as games of skill, chance or both. This has raised concerns among stakeholders in the online gambling sector, who seek regulation rather than prohibition.
Supreme Court Awaiting Union Government’s Comprehensive Response on Online Gambling Ban: Key Insights
- The Supreme Court has asked the government to file a comprehensive reply to several petitions challenging the online gambling ban. The petitioners informed the court that their businesses have been shut for over a month, even though the rules have not yet been implemented.
- In September, the apex court transferred to itself all the petitions filed at the lower courts at the behest of the IT ministry, which argued that the lower courts could arrive at inconsistent conclusions, creating legal confusion.
- The Union Government’s decision to ban real money games overnight had caught industry stakeholders by surprise. The Supreme Court’s decision to consolidate legal petitions against the prohibition order is being closely monitored by those affected.
Supreme Court to Analyse the Union Government’s Reply at the Next Hearing
The Supreme Court bench of Justice JB Pardiwala and Justice KV Viswanathan, addressing Transfer Case (Civil) No(s). 133/2025, on November 4, asked Additional Solicitor General N. Venkataraman to file a comprehensive response on behalf of the Union Government at the next hearing, scheduled for Wednesday, November 26.
Senior Advocate CA Sundaram, representing the petitioners, briefly mentioned to the bench that he was under the impression that the Union Government had filed a reply. He argued that his clients’ businesses have been shut down for over a month as a result of the Indian Cabinet banning online gambling, and the matter requires an urgent hearing.
The bench, noting that the government had yet to respond, tagged the case to Writ Petition (C)No.1050/2025. The case, filed by the Centre for Accountability Systemic Change (CASC), seeks a nationwide ban on online gambling platforms operating under the guise of esports and social games.
The court observed:
According to the petitioner, there are about two thousand apps as of date operating online relating to betting and gambling. The petitioner wants the government to take immediate action in this regard in the larger public interest affecting the youth, particularly of the nation. Issue notice. Let an appropriate reply be filed to the petition.
The Supreme Court will hear the NGO’s case along with several transferred cases against the Promotion and Regulation of Online Gaming Act, 2025. In September, the apex court transferred to itself all petitions filed at lower courts in Maharashtra, Karnataka, Delhi and Madhya Pradesh against the online gambling ban.
The Union Ministry of Electronics and Information Technology had requested that all pending petitions challenging the remote gambling ban be addressed to the Supreme Court to avoid legal uncertainty arising due to inconsistent findings. A consolidated hearing before the apex court will ensure a uniform decision and prevent confusion.
The Impact of the Online Gaming Ban on India’s Betting Operations
The Promotion and Regulation of Online Gaming Act, 2025, bans real money games (RMG), such as games of chance, skill or both, all forms of gambling advertisements, and gambling-related financial transactions. Operators must remove all gambling mechanics from the games to ensure compliance with established laws.
The legislation also empowers the Union Government to block access to offshore gaming sites, in accordance with Section 69A of the Information Technology Act, 2000. Lawmakers aim to adopt a standardised regulatory framework nationwide for restricting financial harm and high-risk play.
A section of gambling operators has challenged the ban, arguing that it violates Article 19 (1) g of the Indian Constitution, which guarantees every citizen the right to practise any profession or to carry on any occupation, trade or business. India’s online gambling ban cleared the cabinet overnight, catching the industry off guard.
Stakeholders are closely monitoring the Supreme Court’s observations, as future gambling regulations will depend on the court’s ruling. While existing operators have removed real-money games from their platforms, potential investors are reassessing the long-term impacts of the ban.
Local gaming operators have scaled down their businesses and transitioned toward free-to-play formats to comply with the law. However, sustainability poses a key challenge. The ban underscores volatility challenges in emerging markets, forcing operators to return to the drawing boards to evaluate financial and compliance risks.