Supreme Court Transfers To Itself Petitions In High Courts Challenging Online Gaming Act 2025

The Supreme Court today (September 8) allowed transfer petitions by the Union Government, seeking the consolidation and transfer of three writ petitions pending before Delhi High Court, Karnataka High Court and Madhya Pradesh High Court filed by online skill-gaming companies, challenging the Promotion and Regulation of Online Gaming Act, 2025 ("Online Gaming Act"), which seeks to prohibit 'online money games' and offering of bank services, advertisements, etc. related thereto.

It also clarified that any such petition pending before any of the High Courts also stands transferred.

A bench comprising Justice JB Pardiwala and Justice KV Viswanathan ordered: "This is at the instance of the Union of India with the following prayers. We transfer as prayed for is allowed. The proceedings from Karnataka, Delhi and Madhya Pradesh High Courts stand transferred to this Court. Respective High Courts are directed to transfer entire records with all interlocutory applications filed within 1 week. Let this transfer be done digitally to save time."

Solicitor General Tushar Mehta appeared for the Union, whereas Senior Advocates C. Aryaman Sundaram and Arvind P Datar appeared for two petitioners in the High Courts. 

The Online Gaming Act 2025 has been under challenge before the Delhi High Court, the Madhya Pradesh High Court and the Karnataka High Court (where an interim stay on the impugned act is also sought). In another petition today, the Karnataka High Court issued notice. 

The main ground of challenge in all the petitions before the various High Courts is that the Act prohibits even those games which involve a game of skill and not mere chance, especially e-sports. It is contended that the act puts a blanket prohibition on judicially recognised skill-based games, thus violating Article 19(1)(g).

The impugned Act was passed by the Parliament on August 21 and received the Presidential Assent on August 22.

Case Details: UNION OF INDIA v HEAD DIGITAL WORKS PRIVATE LIMITED AND ANR|T.P.(C) No. 2484-2486/2025