Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 – Sections 5 and 14; Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025 – Online gaming companies, player associations, and individual players challenged the constitutional validity of Section 5 read with Section 14 of the Tamil Nadu Prohibition of Online Gaming and Regulation of Online Games Act, 2022, along with the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025 (RMG Regulations), arguing they are beyond the legislative competence of the State Legislature and violate Articles 14, 19(1)(g), and 21 of the Constitution of India.
The petitioners contended that online real money games (RMGs) fall under Entry 31 of List I of the Seventh Schedule to the Constitution, which pertains to communications, placing them within the exclusive legislative domain of the Union. They also argued that the RMG Regulations conflict with central laws, particularly the Information Technology Act, 2000, and the IT Rules, 2021.
The State countered that its power to regulate stems from Entries 6 (Public health and sanitation) and 26 (Trade and commerce within the State) of List II, asserting that online RMGs pose public health risks and that the regulations are necessary to protect citizens.