In Focus by The Hindu Can India’s real money gaming ban withstand constitutional scrutiny?
Sep 3, 2025
Deepak Joshi, an Advocate-On-Record at the Supreme Court of India and a chartered accountant, dives into the newly enacted Promotion and Regulation of Online Gaming Bill, 2025. He discusses the implications of the blanket ban on real money gaming, questioning its effectiveness and the government’s rationale regarding social harms. The conversation highlights potential constitutional challenges, especially around the differentiation between games of skill and chance. Joshi also addresses concerns over civil liberties linked to warrantless searches and the impact on the gaming industry.
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Speed Over Consultation
- The law was rushed through without the usual public consultation window required by national legislative policy.
- Joshi flags the two-day passage and five-day presidential assent as grounds for fairness challenges.
Watch For Rules Before Enforcement
- Expect enforcement only after rules and a designated authority are notified and an enforcement notification is issued.
- Companies should monitor rulemaking and the authority's formation before making compliance decisions.
Prohibition May Be Disproportionate
- Proportionality requires that a law's measures actually further its stated goals and that less restrictive alternatives are considered.
- Joshi argues prohibition likely drives activity underground and that licensing or self-regulation were viable, less intrusive options.