Online Gaming Act 2025 Faces Constitutional Challenge in Delhi High Court
Bagheera Carrom (OPC) Private Limited, a company running an online carrom platform, has approached the Delhi High Court against the Promotion and Regulation of Online Gaming Act, 2025. The Act bans all online real money games, whether based on skill or chance.
The case was heard briefly by a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela. The Bench observed that the Central government has not yet set up the authority or framed rules for implementing the Act, which was recently passed by Parliament and has received Presidential assent, but is not yet in force.
Solicitor General Tushar Mehta, appearing for the Centre, defended the law. He said that while the government supports online gaming, banning money-based games is necessary to protect children from addiction and prevent extreme consequences like suicides. He also assured the Court that steps are being taken to form the authority under the Act.
Bagheera, however, argued that the Act was passed in haste without consulting stakeholders, and it violates constitutional rights. It pointed out that carrom is legally recognised as a game of skill and is governed by both national and international federations. The company claimed to have invested heavily in compliance with earlier laws, even obtaining certification from the E-Gaming Federation that its platform is skill-based and free of betting elements.
The petitioner warned that the new law will expose it to criminal prosecution and financial collapse despite its efforts to promote responsible gaming. It further argued that regulating betting, gambling, and entertainment falls under the State List of the Constitution, meaning the Central government has exceeded its powers.
Bagheera has asked the Court to strike down the law as unconstitutional for violating Articles 14, 19, and 21 of the Constitution, or at least to allow games of skill involving real money to continue.
The Court will hear the matter again after eight weeks.
