India’s IT Minister Asserts States’ Authority Over Online Gaming and Betting Laws

In a recent parliamentary session, Union IT Minister Ashwini Vaishnaw reinforced that betting and gambling laws fall under the jurisdiction of individual states, aligning with India’s federal structure.

His remarks came in response to a query from DMK MP Dayanidhi Maran, who questioned the central Government’s role in regulating online gaming platforms.

Online Gaming Regulation Falls Under State Control

During Question Hour in Lok Sabha on Wednesday, Maran pressed the Government, asking whether it was evading its "moral responsibility" to regulate online gaming, particularly since Tamil Nadu has already banned such platforms.

In response, Vaishnaw clarified that the central Government operates within the constitutional framework, which places gambling and betting under List II—a category of subjects that fall exclusively under state authority.

"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,” the minister stated, urging members to respect constitutional provisions.

Government Bans 1,410 Gaming Sites Following Complaints

While acknowledging the concerns raised about online gaming, Vaishnaw pointed out that the central Government has acted in response to complaints. He noted that 1,410 gaming websites have been banned as part of the Government’s regulatory efforts.

Despite these actions, the minister reiterated that "ultimate legislative power remains with individual states", making it their responsibility to draft and enforce laws governing betting and gambling.

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

A Debate on Federal Responsibilities

The exchange between Vaishnaw and Maran reflects the ongoing debate over online gaming regulation in India, where different states have taken varying stances on gambling and betting laws. While Tamil Nadu has enforced a strict ban, other states continue to grapple with the legal and economic implications of the online gaming industry.

Vaishnaw’s remarks reinforce the idea that, under India’s federal structure, the responsibility for regulating online gaming platforms ultimately lies with the states, despite the central Government’s interventions in specific cases. 

By fLEXI tEAM