 "Centre moves SC to transfer High Court pleas against Online Gaming Act")
The union government has approached the Supreme Court seeking the transfer of petitions challenging the Promotion and Regulation of Online Gaming Act, 2025, which are currently pending in different High Courts, Bar and Bench reported.
The law has been contested before three High Courts, and the Centre wants all cases moved to the Supreme Court to prevent multiple, overlapping litigations.
A Union government counsel mentioned the transfer request before Chief Justice of India BR Gavai, asking for it to be listed next week.
“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 counsel said. CJI Gavai agreed to list the case for hearing.
Why the Centre wants the cases transferred
The government has outlined four main reasons for seeking consolidation of the petitions before the Supreme Court.
1. Avoiding multiplicity of cases
The petitions filed in different High Courts raise similar legal questions regarding the constitutionality of the Online Gaming Act. The Centre argues that hearing them separately could lead to unnecessary duplication of proceedings, the news report said.
2. Constitutional importance
The Online Gaming Regulation Act is being challenged on multiple grounds, including claims that it:
• Violates Articles 14, 19(1)(g), and 21 of the Indian Constitution
• Encroaches on the legislative powers of states under India’s federal system
• Treats games of skill the same as games of chance, potentially affecting equality before the law
The government said these issues are of national importance and require a definitive ruling by the Supreme Court.
3. Preventing conflicting rulings
Different high courts may issue conflicting decisions on the same law. Consolidating the cases in the Supreme Court would ensure uniform interpretation and legal certainty.
4. Ensuring speedy justice
The Centre has also sought an ad-interim ex-parte stay of proceedings in the High Courts. Continuing multiple cases simultaneously could lead to delays and prejudice, whereas a single hearing in the Supreme Court could deliver a faster and final resolution, the news report said.
The Online Gaming Regulation Act, 2025
The new Online Gaming Act prohibits real money online gaming, including fantasy sports, across India.
• Three petitions challenging the law were filed in the Delhi, Karnataka, and Madhya Pradesh High Courts
• On Wednesday (September 3), the Madhya Pradesh High Court asked the Union government to respond to a challenge against the law
• Last week, the Karnataka High Court sought a response from the government in a case filed by Head Digital, while an online carrom platform challenged the law in Delhi
This legislation is India’s first law to prohibit online games played for money. It was introduced in the Lok Sabha on August 20, passed by voice vote in both Houses within two days, and received Presidential assent on August 22.The Act makes it illegal to offer or play online games for money, whether games of skill or chance, with offences classified as cognisable and non-bailable.