SC agrees to hear TN's appeal against HC order setting aside ban on online rummy, poker

online-gaming SC to hear Tamil Nadu's case

The Supreme Court on February 5 agreed to hear the Tamil Nadu government's appeal against the Madras High Court order which set aside the portion of its online gaming law which prohibited skill-based games such as online rummy and poker.

The apex court has tagged the case with the Tamil Nadu government's 2022 appeal which challenged the Madras High Court order which struck down the Tamil Nadu Gaming and Police Laws (Amendment) Act of 2021 that had imposed a suspension on online games. The next date of hearing of the case is yet to be indicated.

Challenge to the gaming law:

In April 2023, The All India Gaming Federation (AIGF) along with real-money gaming firms Gameskraft, Games24x7, and Head Digital Works moved the Madras High Court, challenging the constitutionality of the Tamil Nadu government's online gambling law.

The Tamil Nadu government, in its law, had banned online rummy and poker in the southern state earlier this month, terming them as online games of chance in the legislation, thereby bringing them under the purview of online gambling. Gambling is a state subject in India. This also led to a dispute between the State and the Union over who has the power to legislate on the subject.

In November 2023, the Madras HC upheld the law, however, it set aside portions that banned skill-based online gaming such as online rummy and poker.  The court further held that the state government, however, is free to formulate rules to regulate the time spent or age limits for these online money games

Challenge to TN police law amendment :

In 2021, the Tamil Nadu government passed an emergency legislation which prohibited all forms of online games (including games based on mere skills) within the State. The legislation was passed after a woman killed herself due to losses in online gaming.

This was challenged in the Madras High Court by the same parties. The HC had in early 2022 struck down the law and termed it unconstitutional. The government appealed against this judgment and the same is pending at the apex court.

Gaming laws of Karnataka is also pending before the Supreme Court.