India: states hold authority over online gaming and betting laws, says IT Minister

In a recent parliamentary exchange, Union IT Minister Ashwini Vaishnaw emphasised that betting and gambling are constitutional state subjects, responding to a query from DMK MP Dayanidhi Maran about online gaming regulation.

india it

Key points:

- Union IT Minister Ashwini Vaishnaw stated that betting and gambling laws fall under state jurisdiction as per India’s federal structure

- The central Government has banned many online gaming sites based on complaints but maintains that states hold legislative authority

Union IT Minister Ashwini Vaishnaw reaffirmed in Lok Sabha on Wednesday that laws regarding betting and gambling fall under the jurisdiction of individual states, reinforcing India's federal structure.

His statement came in response to an inquiry from DMK MP Dayanidhi Maran, who questioned the central Government’s stance on banning online gaming platforms.

During Question Hour, Maran pressed the Government on whether it was avoiding its "moral responsibility" to regulate online gaming sites, particularly since Tamil Nadu has already imposed a ban on such platforms.

In response, Vaishnaw countered that the central Government operates within the constitutional framework, which designates gambling and betting as state subjects under List II.

Vaishnaw emphasised the importance of understanding the federal structure, urging members to respect constitutional provisions, stating: "The Constitution places the moral and the legal authority on states to frame laws on the subject as per List II dealing with state subjects.”

Good to know: As part of its regulatory efforts, the Government has banned 1,410 gaming sites following complaints

The minister further clarified that while the central Government has taken steps in response to concerns about online gaming, ultimate legislative power remains with individual states.

Additionally, Vaishnaw highlighted that Section 112 of the Bharatiya Nyay Sanhita could be utilised to take action against online gaming platforms when required.


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