Supreme Court Hearing on India Online Gaming Ban Set for November 26

The Supreme Court of India has asked the Union government to submit a detailed response to multiple petitions contesting the Promotion and Regulation of Online Gaming Act (PROGA) 2025, a newly enacted law that bans all forms of real-money gaming across the country. The order reflects growing tension between regulators and India’s vast online gaming industry, which claims the ban has brought business to a standstill.

Good to Know

• The Supreme Court set November 26 as the next hearing date.
• The government must share its detailed response with petitioners in advance.
• The new Online Gaming Act criminalises real-money games such as fantasy sports and e-sports played for stakes.

A bench led by Justices J.B. Pardiwala and K.V. Viswanathan issued the direction on Tuesday after learning that the Centre had only submitted a preliminary response to interim pleas. The judges said the Additional Solicitor General representing the government must file a comprehensive reply addressing all the issues raised in the main petitions.

“We want the Additional Solicitor General appearing for the Union to file a comprehensive reply to the main petition itself,” the bench said. The court added that petitioners should be allowed to review the government’s response and file rejoinders before the next hearing.

Industry Petitions Claim Economic Paralysis

The Promotion and Regulation of Online Gaming Act, passed by Parliament in August and signed by the President shortly afterward, is India’s first national law explicitly banning online money games. The legislation classifies violations as cognisable and non-bailable offences, effectively criminalising betting and gaming for monetary prizes, including fantasy sports.

Lawyers for several companies said the law has already crippled India’s multi-billion-rupee gaming sector, which includes popular platforms hosting fantasy sports, card games, and skill-based e-sports competitions.

Senior Advocate C.A. Sundaram, appearing for Head Digital Works, which operates the A23 platform, said:

“Our businesses have been shut for more than one month now, and the law has not been notified. We request the court to hear the matter and give relief.”

According to the petitions, PROGA imposes a blanket ban that covers skill-based games, contrary to earlier court rulings that distinguished games of skill from gambling. The petitioners argue the law violates Article 19(1)(g) of the Constitution of India, which guarantees the right to practice any profession or conduct lawful trade.

Impact on Jobs and Professional Players

Industry groups and investors have warned of severe economic consequences if the ban stands, pointing to job losses and the potential withdrawal of foreign investment. Some individuals have also joined the petitions, saying their livelihoods depend on online tournaments.

During the hearing, a lawyer representing a professional chess player said his client’s income came entirely from digital tournaments. Justice Pardiwala remarked:

“India is a strange country. You are a player. You want to play. It’s your only source of income and therefore, you want to join the proceedings.”

The court agreed to tag the chess player’s case with the existing batch of petitions challenging the law.

Public Interest Petition Adds Pressure

The bench also heard a separate public interest litigation (PIL) filed by a non-governmental organisation seeking a nationwide ban on online gambling and betting platforms operating under the label of social or e-sports games. The plea claimed that more than 2,000 such apps remain active in India despite the government’s efforts to regulate the sector.

The judges asked the government to respond to the PIL as well, ordering that it be considered alongside the main challenge to PROGA.

Representing the government, Advocate V.C. Bharathi told the court that the new Act already addresses many of the issues raised by the fresh petition and confirmed that the notification process is still pending.

FAQ

What is the Promotion and Regulation of Online Gaming Act (PROGA)?

It is a central law passed in 2025 that bans all real-money online games, including fantasy sports and e-sports played for stakes.

Why are gaming companies challenging the Act?

They argue that PROGA violates their constitutional right to conduct legal business and unfairly includes skill-based games under the gambling ban.

What happens next in court?

The Union government must file a comprehensive reply by November 26, after which petitioners can submit rejoinders before the next hearing.

Does the Act criminalise online gaming immediately?

While the Act has been passed, it has not yet been officially notified, meaning enforcement is pending.

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