New Delhi: The Supreme Court will soon take up one of the most closely watched legal battles in India’s growing gaming industry. On November 26 (IST), a Bench led by Justices JB Pardiwala and KV Viswanathan will hear a set of petitions challenging the Promotion and Regulation of Online Gaming Act, 2025, the first national law to ban online real-money gaming across India.
This Act, notified on August 22, has stirred major debate among gaming companies, investors, and players alike. It marks the first time the Centre has imposed a countrywide prohibition on online games involving stakes, whether they fall under “skill” or “chance.” According to the BarandBench report, the cases, originally filed in the Delhi, Karnataka, and Madhya Pradesh High Courts, have now been moved to the Supreme Court after the Union government requested a transfer to avoid multiple proceedings.
Supreme Court seeks Centre’s response to plea challenging online gaming law, ban on online real money games
report by @thyagarajan_law https://t.co/0JflMsoYuO
— Bar and Bench (@barandbench) November 4, 2025
Supreme Court to hear petitions on November 26
The petitions, including one filed by Head Digital, question the constitutionality of the law. They argue that it restricts fundamental rights under Articles 14 and 19(1)(g), which guarantee equality before law and the right to practice any profession or trade. The companies claim the law is overreaching because it bans all online real-money games, even those previously recognised as games of skill such as fantasy sports, poker, and rummy.
The government has been directed by the Court to file a comprehensive response before the November 26 hearing. This follows earlier notices from the Madhya Pradesh High Court and Karnataka High Court, both of which had sought the Centre’s explanation on similar petitions before the Supreme Court took over the matter.
What the Online Gaming Act says
The Promotion and Regulation of Online Gaming Act, 2025, was introduced in Parliament on August 20, passed within two days, and received Presidential assent shortly after. The law criminalises offering or participating in any online game played for stakes, making such offences cognisable and non-bailable.
It effectively overrides the earlier state-level laws that treated skill-based games differently from games of chance. For years, courts in India, including in Tamil Nadu, Karnataka, and Kerala, had ruled that skill-based games should be allowed, distinguishing them from gambling. This Act changes that by introducing a nationwide blanket ban, forcing operators to shut down or rethink their business models.
The law also gives enforcement agencies wide powers to block websites and apps offering these games.
Why gaming companies are pushing back
Several major online gaming firms have challenged the Act, saying it threatens an industry that employs thousands and has drawn heavy investment over the past few years. They argue that India’s online gaming market, which includes fantasy sports and card-based platforms, has operated legally under court rulings that recognised “skill gaming” as distinct from gambling.
The petitioners say that the new law does not take that distinction into account and has made all such games punishable by default. Platforms like Head Digital, which operates popular skill-based games, say this could damage investor confidence and push players to unregulated offshore apps.
What happens next
The Centre is expected to submit its full response before the Supreme Court’s next hearing on November 26 (IST). The case, Head Digital vs Union of India, will be watched closely not just by gaming companies but also by tech investors and state regulators.
If the Supreme Court upholds the Act, it will fundamentally reshape India’s online gaming sector, which has been one of the fastest-growing parts of the country’s digital economy. If it strikes down or reads down sections of the law, it could restore the distinction between skill and chance, and bring back regulated real-money gaming under stricter oversight.
Either way, the hearing on November 26 could decide the future of how India plays, pays, and regulates online games.