Govt files transfer petition in SC to consolidate cases on Online Gaming law

The step follows a spate of petitions filed by gaming companies against the new legislation, which imposes an outright ban on online games involving real-money stakes.

By  Imran FazalSep 4, 2025 12:35 PM
Govt files transfer petition in SC to consolidate cases on Online Gaming law
Storyboard18 had reported that the government plans to file a transfer petition in the apex court to avoid contradicting judgments.

The Union government has moved the Supreme Court seeking to consolidate all pending challenges against the Promotion and Regulation of Online Gaming Act, 2025. In a transfer petition filed late Wednesday night, the Centre has requested that cases currently being heard by the High Courts of Karnataka, Madhya Pradesh, and Delhi be clubbed and decided together by the apex court.

The step follows a spate of petitions filed by real money gaming companies against the new legislation, which imposes an outright ban on online games involving real-money stakes. The law, recently passed by both Houses of Parliament and assented to by the President, classifies offering or participating in such games as a cognisable and non-bailable offence. Notably, the Act does not distinguish between games of skill and chance, a point that has drawn sharp criticism from industry stakeholders.

Storyboard18 had reported that the government plans to file a transfer petition in the apex court to avoid contradicting judgments.

On Wednesday, the Madhya Pradesh High Court became the latest forum to hear a challenge to the law. A Division Bench led by Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf took up a petition filed by Clubboom 11 Sports and Entertainment Pvt. Ltd., which questioned the constitutional validity of the Act. Similar petitions are already pending before the Delhi and Karnataka High Courts.

During earlier hearings, Solicitor General Tushar Mehta had indicated that the Centre was considering moving the Supreme Court to avoid conflicting judgments from multiple High Courts. With three courts now seized of similar petitions, the government has acted on this plan, asking the top court to take up the matter comprehensively.

Among the petitioners are some of India’s largest gaming companies and industry groups. Head Digital Works, the parent company of real-money gaming platform A23, has challenged the law before the Karnataka High Court, which has directed the Centre to respond by September 8. In Delhi, Bagheera Carrom (OPC) Pvt. Ltd., a member of the E-Gaming Federation, has filed a plea. Clubboom 11, part of the Federation of Indian Fantasy Sports (FIFS), is pursuing its challenge in Madhya Pradesh.

The petitioners argue that the 2025 Act is ultra vires, vague, and disproportionate, violating fundamental rights under Articles 14, 19, and 21 of the Constitution. They contend that a blanket ban disregards judicial precedents that have upheld skill-based gaming as a legitimate business activity.

The Centre’s transfer plea is now expected to be a decisive step. A consolidated hearing before the Supreme Court could bring clarity on the constitutionality of the legislation while also addressing a larger jurisdictional issue: whether regulation of online real-money gaming lies with the Union or with individual States. The outcome will have far-reaching consequences for India’s multi-billion-dollar online gaming sector.

First Published on Sep 4, 2025 12:35 PM

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