Promotion and Regulation of Online Gaming Act, 2025

The Promotion and Regulation of Online Gaming Act, 2025 brought a sweeping ban on all real-money online games in India, including poker and rummy. By treating every money-based game as “gambling,” the law erased a long-standing distinction recognized by Indian courts between games of skill and games of chance.

What makes the law even more controversial is how it was passed:

• The draft Bill was published only a day before its introduction in Parliament, leaving no meaningful opportunity for public debate or objections.
• The Bill was then introduced in the Lok Sabha and passed within seven minutes, and cleared by the Rajya Sabha the very next day.
• This rushed process undermined transparency and denied stakeholders — including citizens, gamers, and industry representatives — their rightful chance to be heard.

This hasty passage raises serious questions about democratic lawmaking, especially when it impacts a $23 billion industry and millions of players.

Poker as a Game of Skill

Unlike pure games of chance such as lottery or roulette, poker relies heavily on:

• Mathematics & Probability: Calculating odds and expected values.
• Strategy & Discipline: Managing risk, timing bets, and decision-making.
• Psychology: Reading opponents, bluffing, and anticipating behavior.

Over the long run, skilled players consistently outperform casual ones. This makes poker far closer to chess than to gambling.

Judicial Recognition of Skill Games

Indian courts have long acknowledged this distinction:

• State of Andhra Pradesh v. K. Satyanarayana (1968): Rummy declared a skill game.
• Dr. K.R. Lakshmanan v. State of Tamil Nadu (1996): Horse racing recognized as skill.
• High Courts in Delhi, Karnataka, and Madras have also affirmed that poker involves significant skill.

By ignoring this jurisprudence, the 2025 law overturned decades of legal understanding in a single rushed move.

Paths to Re-Establish Legitimacy

1. Judicial Challenge
• Courts could strike down or “read down” the ban, reaffirming that skill-based games cannot be equated with gambling.
2. Legislative Amendment
• Parliament could amend the Act to carve out regulated exceptions for skill games like poker.
3. Federal Resistance
• States may assert their constitutional right to regulate gaming, forcing a rethink at the Centre.
4. Public & Economic Pressure
• The industry employed lakhs of people and generated significant GST. Its blanket destruction creates economic and reputational costs for India.
5. Responsible Regulation
• Instead of prohibition, a framework with age restrictions, spending limits, and self-exclusion tools could address concerns while allowing legitimate play.

Conclusion

Poker is not merely a gamble — it is a mind sport requiring calculation, strategy, and psychological insight. Courts have recognized similar games as skill-based. Yet the 2025 law, drafted in secrecy and passed in haste without objections, has bundled it together with gambling, denying citizens their right to play and professionals their right to work.

Re-establishing poker as a legitimate and valid pursuit in India is not just about protecting an industry — it is about restoring fairness, constitutional rights, and a transparent, consultative lawmaking process.