Skill or Chance: Will the Supreme Court Strike Down the Real Money Gaming Ban?

type

Essay

source publication

SCO

Abstract

The Promotion and Regulation of Online Gaming Act (PROGA) was enacted to promote responsible online gaming, regulate the sector, and prohibit harmful online money games. By mandating a comprehensive ban on all online real money games (ORMGs), the legislation collapses the well-established legal distinction between games of skill and games of chance. Currently, the Supreme Court has consolidated all pending matters before various High Courts that challenge PROGA. The analysis focuses on three core issues: judicial distinction between games of skill and games of chance, legislative competence, and proportionality.

On the judicial distinction between games of skill and games of chance, PROGA has done away with the long-standing distinction. The entire debate over the State versus Union question centres on the concept of “industry of public interest”. Legislative competence also raises the issue of centralisation of laws, overriding the legislative powers of the State. And the ultimate question is whether banning is the ultimate solution, or whether we need a measure-based approach under the proportionality principle.

The analysis focuses on some of the issues that might be argued before the Supreme Court.

Year

10-25-2025

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