Regulation Of Online Gaming Through The Intermediary Guidelines

On April 6, 2023, the Ministry of Electronics and Information Technology ("Ministry") notified the amendments ("Amendment") to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("Intermediary Guidelines") to regulate online gaming. This article seeks to analyse the Amendment on the following two issues:

1. Overlap with the powers of the state legislature to regulate betting/gambling
2. Distinction between a game of skill and a game of chan

Overlap with the powers of the state legislature to regulate betting/gambling

The Indian Constitution envisages a federal system wherein legislative powers have been divided between the Centre and the States. Such division of powers has been laid down in Article 246 read with the Seventh Schedule of the Indian Constitution. The Seventh Schedule contains three lists: (i) the Union (Central) List comprising subjects on which the Centre alone is empowered to legislate, (ii) the