The Hon’ble Supreme Court in State of Tamil Nadu & Ors. v. Junglee Games India Pvt. Ltd. & Ors. [Civil Appeal Nos. 6124–6131 of 2023 dated May 27, 2026] set aside the judgments of the High Court of Madras and the High Court of Karnataka — which had struck down the Tamil Nadu and Karnataka amendments banning online games played for stakes — and held that the expression “betting and gambling” in Entry 34 of List II cannot be read down to “betting on gambling”; that the moment money is staked on the uncertain outcome of any game, the activity becomes betting and gambling irrespective of whether the underlying game is one of skill or of chance; that such activity is res extra commercium carrying no fundamental right under Article 19(1)(g); and that the State Legislatures are fully competent — under Entry 34 and, independently, under Entry 1 (public order) of List II — to regulate, restrict or even wholly prohibit online money gaming, including online rummy, poker and fantasy sports.
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Held (in brief) Appeals of the States allowed; the impugned Tamil Nadu and Karnataka amendments are declared intra vires. The High Courts’ “conjunctive” reading of Entry 34 of List II (as “betting on gambling”) is a “clear Constitutional aberration.” Betting on a game of skill is itself gambling; the activity is res extra commercium — hence no fundamental right and no proportionality enquiry survive. |
