SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA
AUTHOR – INDU SINGH* & DR. TAPAN KUMAR CHANDOLA**
* LL.M (CONSTITUTIONAL LAW), AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
** PROFESSOR & DIRECTOR AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – INDU SINGH & DR. TAPAN KUMAR CHANDOLA, SPORTS BETTING: JUDICIAL INTERPRETATION AND LEGAL CHALLENGES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 857-867, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/OKXM4852
ABSTRACT
This paper explores the jurisprudential evolution of gaming and sports betting laws in India, analyzing the ongoing conflict between archaic colonial statutes and the dynamic realities of the digital economy. Historically, the Indian judiciary has served as the de facto regulator of the industry, establishing the “preponderance of skill” test to distinguish between constitutionally protected business activities under Article 19(1)(g) and prohibited games of chance (res extra commercium). Through a comprehensive analysis of landmark judgments—ranging from R.M.D. Chamarbaugwala (1957) to Varun Gumber (2017)—the research traces how the courts have consistently defended skill-based digital and physical enterprises against disproportionate and arbitrary state-level bans.
However, the paper highlights a contemporary constitutional crisis triggered by the recent enactment of the Promotion and Regulation of Online Gaming Act (PROGA), 2025. By imposing a blanket prohibition on all “Online Money Games” regardless of the underlying skill element, PROGA 2025 seeks to override decades of established judicial precedent. The study critically evaluates the ongoing legal challenges to the Act, specifically focusing on the Union’s legislative competence, the disruption of the federal structure, and the violation of fundamental rights. Finally, it examines the counterproductive outcomes of this prohibitionist legislative approach, notably the proliferation of a $100 billion offshore shadow market and the inadvertent criminalization of legitimate professional sports. The paper concludes that the upcoming 2026 Supreme Court hearings will be a watershed moment, determining both the survival of a multi-billion-dollar industry and the boundaries of parliamentary power over State subjects in the digital age.
Keywords: Sports Betting, Games of Skill vs. Chance, PROGA 2025, Judicial Interpretation, Article 19(1)(g)