The legal challenge raised against India’s newly enacted Promotion and Regulation of Online Gaming Act signals persistent regulatory uncertainty surrounding online skill-based gaming. The petitioner points out meaningful economic consequences for industry stakeholders-including significant losses in investment-and job disruption affecting lakhs of employees.
Additionally, invoking Article 19(1)(g) raises questions about whether skill-based games can be legitimately excluded from lawful commerce.Prior judicial precedents disallow outright bans on such activities when categorized as “games of skill,” creating tensions between federal adjudication trends versus recent attempts at centralized regulation.If upheld constitutionally, this law could set a transformative precedent regarding regulation in India’s burgeoning digital economy impacting sectors reliant on monetized entertainment platforms. In contrast, striking it down woudl reassert states’ legislative primacy over similar domains while cementing earlier interpretations supporting industries built around skilled gaming formats.