Poker is widely seen as a skill-based game globally, but its legal status in India remains fragmented. Some states embrace it, while others impose bans or restrictions. This uncertainty limits poker’s potential, raising the critical question: What does the future hold for poker legislation in India?
The Legal Foundation
India’s primary gaming law, the Public Gambling Act, 1867, prohibits operating or visiting gambling houses. However, this law makes a major exception: it does not apply to games of skill.
Over the years, courts have repeatedly held that games of skill are constitutionally protected under Article 19(1)(g), which ensures the right to practice any profession or to carry on any occupation, trade, or business. This distinction has become the foundation of legal arguments in favor of poker.
Relevance to Poker
Legal experts and poker associations have argued that poker, like rummy, involves deep strategic thinking, bluffing, probability, and psychology, making it a game where skill plays a dominant role.
Judicial Rulings on Poker
Despite these precedents, the legality of poker varies from state to state due to differing high court interpretations.
Positive Judgments:
- Karnataka High Court (2021): Struck down amendments that banned online games of skill for stakes, including poker and rummy, deeming the blanket ban unconstitutional.
- Calcutta High Court: Acknowledged poker as a game of skill when played among consenting adults for stakes.
- Delhi District Court (2015): In the case of Head Infotech India Pvt. Ltd. v. State of NCT Delhi, the court recognized poker’s elements of skill.
Negative Rulings:
- Gujarat High Court (2017): In the case of Dominance Games Pvt. Ltd. v. State of Gujarat, ruled that poker falls under gambling under the Gujarat Prevention of Gambling Act, 1987, rejecting arguments that poker is a skill game.
These conflicting judgments have made it risky for poker platforms to operate uniformly across India.
State-Level Legal Variations
Under the Indian Constitution, ‘Betting and Gambling’ is a State subject (List II, Schedule 7). Therefore, each state has the power to frame its own laws regarding gaming and betting.
States Permitting Poker (Under Skill Game Framework):
- Nagaland: The Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act, 2016 allows licensing of poker operators as a skill game.
- Sikkim: Permits regulated online gambling including poker, under the Sikkim Online Gaming (Regulation) Act, 2008.
- Goa & Daman: Offer live poker games in licensed casinos.
States Banning or Restricting Poker:
- Telangana & Andhra Pradesh: Passed amendments in 2017 and 2020 respectively, banning online gaming for money, including skill games like poker and rummy.
- Tamil Nadu: Banned online gaming in 2021, including poker; the Madras High Court struck it down in August 2021, but a revised ordinance was passed in 2022.
- Kerala: Banned online rummy and poker, later overturned by the High Court.
The disparity in legislation is not just a legal inconvenience. It’s a serious operational hurdle for platforms and players.
Role of Central Government and Regulatory Trends
The Ministry of Electronics and Information Technology (MeitY) introduced landmark reforms in 2023 to regulate online gaming.
2023 Amendments to IT Rules:
- Online gaming platforms must register with Self-Regulatory Bodies (SRBs).
- SRBs are responsible for determining whether a game is predominantly skill-based.
- Platforms must implement responsible gaming policies, including age verification, deposit limits, and grievance redressal mechanisms.
While these are central regulations, they do not override state laws, thus maintaining the legal duality. Nevertheless, the MeitY’s involvement has legitimized online skill gaming, including poker, to a certain extent.
Emerging SRBs:
Organizations like All India Gaming Federation (AIGF) and E-Gaming Federation (EGF) are actively pushing for standardized codes, fair practices, and regulatory recognition of poker.
The Road Ahead
There is growing consensus that only a Supreme Court judgment or a comprehensive central law can resolve the current legal chaos.
Possible Future Developments:
1. Supreme Court Ruling (Game of Skill Nationwide)
A clear Supreme Court judgment declaring poker as a game of skill would override conflicting state laws and establish a consistent legal position across the country.
2. Central Legislation (Opt-in Model like GST)
The central government could introduce a uniform law regulating poker and other skill games, allowing states to voluntarily opt in.
3. National Licensing Framework (via Federal Authority or SRB)
A centralized licensing system, managed by a federal regulator or an empowered Self-Regulatory Body (SRB), could oversee operations, ensure player protection, and enforce compliance standards.
Poker in India is too big to stay in the shadows. Clear regulation is the next logical step. Once recognized nationally as a game of skill, poker can thrive openly and responsibly. The cards are on the table, it’s time for the law to play its hand.
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