The Supreme Court allowed the Union Government’s transfer petitions, consolidating and transferring three writ petitions filed by online skill-gaming companies from the Delhi High Court, Karnataka High Court, and Madhya Pradesh High Court. These petitions challenge the Promotion and Regulation of Online Gaming Act, 2025 (“Online Gaming Act”), which seeks to prohibit online money games and restrict related banking services, advertisements, and promotions.
A bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan directed that all petitions pending before any High Court challenging the Act shall also stand transferred to the Supreme Court. The bench ordered, “This transfer at the instance of the Union of India is allowed. The proceedings from Karnataka, Delhi, and Madhya Pradesh High Courts stand transferred to this Court. The respective High Courts are directed to transfer the entire records along with all interlocutory applications filed within one week. Let the transfer be carried out digitally to save time".
Solicitor General Tushar Mehta appeared on behalf of the Union, while Senior Advocates C. Aryaman Sundaram and Arvind P. Datar represented petitioners before the High Courts.
The Online Gaming Act, which was passed by Parliament on August 21 and received Presidential Assent on August 22, has been under challenge for prohibiting games that involve skill, including e-sports, rather than pure chance. Petitioners argue that the Act imposes a blanket ban on judicially recognised skill-based games, infringing on the right to practice any profession or carry on any occupation under Article 19(1)(g) of the Constitution.
Earlier, the Karnataka High Court had issued notice in one of the petitions, where an interim stay on the Act had also been sought. With the Supreme Court assuming jurisdiction, all matters relating to the Online Gaming Act will now be adjudicated at the apex level.
Picture Source :