Centre to Delhi HC: Regulating Online Gambling Websites is State Domain

Online Gaming Gambling Law Insider

Aishwarya Rathore

Published on August 26, 2021, at 13:00 IST

The Centre told the Delhi High Court that it is the responsibility of the Delhi Government to regulate Online Gambling Websites, and that the Ministry of Electronics and Information Technology (MeitY) is not authorised to do so as the matter expressly falls under the domain of the States.

The development came from a petition prohibiting the operation of gambling/gaming websites and lotteries in the Country.

The plea sought quashing of the Centre’s Order dated October 21, 2020, which stated that MeitY does not have the competence to prohibit gambling and betting websites in India.

The Government’s affidavit mentioned, “Betting and Gambling are State subjects [Entry 34 of List II (State List) of the Seventh Schedule of the Constitution of India]. Under the Constitution, only States are the ‘Appropriate Government’ to frame legislation and regulate Online Gambling websites.”

The affidavit further stated, “As per the legislative mandate drawn under the Constitution of India, which expressly denotes the States to regulate betting and gambling, MeitY can not be saddled with a duty to regulate such Online Gambling websites.”

The Court adjourned the case till October 11, stating orally that Online Gambling is dangerous, and that website earnings cannot be made at the cost of youngsters.

Also Read: Delhi High Court orders Centre to frame Policy on Online Gaming

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