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Informist, Monday, Oct. 26, 2026

 

--SC rejects review pleas against states' power to ban online games 

 

NEW DELHI – The Supreme Court on Monday rejected a batch of review petitions filed by Junglee Games India Pvt. Ltd. and other gaming companies challenging state governments' power to ban online games. The top court refused to review its May 27 verdict, which held that states can ban online games, including games of skill, if they pose a threat to the state and the public. If games of substantial skill are conducted in a way that starts to pose problems for the state or harms the public, then states will not be powerless to regulate such games, the apex court said in May.

 

In the review petition, the bench of Justice J.B. Pardiwala and Justice R. Mahadevan said, "Interlocutory applications for oral hearing are rejected. We have carefully gone through the review petitions and the connected papers. We find no merit in the review petitions and the same are, accordingly, dismissed. Pending interlocutory applications, if any, shall stand disposed of."

 

The top court's dismissal of the review meant it once again upheld the ban implemented by the Tamil Nadu and Karnataka governments on online games, regardless of whether the game is one of skill, if it is played for a bet, money, or any other stake. In its May ruling, the court said that commercial games of skill would be protected by the constitutional guarantee laid down in the Indian Constitution. However, betting or wagering on any game, whether a game of skill, would not receive such protection unless the legislature creates an exception in favour of betting on games of skill, the bench had said. The state's competence to regulate certain activities also enables it to prohibit them, it had said.

 

The apex court had said that online money gaming has a definite impact on the public. Online money gaming has been disturbing the tranquillity of the public by making betting and gambling more normalised and accessible, the court had said. Therefore, public tranquillity is breached, and consequently, the states would have competence to invoke public order and seek to curb the mischief and restore public tranquillity, it had said.

 

The addiction and depression that stem from indulging in online gaming and the frequency of suicides that are reported would go on to indicate that this poses a widespread public health issue as well, the court had said. The Tamil Nadu and Karnataka governments' legislation is supported by empirical data, contrary to the gaming companies' assertion, the court had said. 

 

The companies had argued that games of skill constitute a distinct class and have been judicially distinguished from games of chance in India. They said that when the distinction depends on whether a game is based on chance or skill, the predominance test should be applied. They said the card game of rummy has been judicially recognised as a game of skill.

 

The gaming companies said the distinction between skill and chance is vital because states lack legislative competence over games of skill but may regulate games of chance. They said that whether a game of skill is played physically or virtually makes no difference.

 

The state governments said the decision to bring in the legislation was taken after multiple instances of suicides being reported, given the addictive tendency of these games and the financial losses that they result in. The state governments said games like Rummy Circle have 30 million registered players, with about 50,000 new players being added every day. State governments said recent statistics suggest the target audience for these games is young and uneducated, as the games offer "easy incentives by way of real cash as prizes".  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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