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Supreme Court Upholds State Legislative Competence to Regulate Online Gaming

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The Supreme Court has affirmed that state governments have the authority to prohibit online games involving stakes, classifying them as 'betting and gambling' under the Seventh Schedule.

In a significant judicial development, a Supreme Court Division Bench has clarified the legislative boundaries regarding the regulation of online gaming in India. The Court ruled that state governments possess the legislative competence to prohibit online games played with stakes, invoking Entry 34 of List II (State List) of the Seventh Schedule of the Constitution, which pertains to 'betting and gambling.' The core of the judgment rests on the distinction between games of skill and games of chance. The Court held that once money or stakes are involved in an uncertain outcome, the activity transcends the realm of mere skill and falls under the definition of 'betting and gambling.' Consequently, such activities do not enjoy the protection of Article 19(1)(g), which guarantees the right to practice any profession or to carry on any occupation, trade, or business. The Court emphasized that the state’s police power to regulate public order and morality allows for the prohibition of activities that may lead to social harm, such as addiction and financial distress.

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