Tamil Nadu Assembly Readopts Bill to Ban Online Gaming Tabled by Chief Minister, Passing the Buck to the Governor 

Tamil Nadu CM MK Stalin
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  • Namita Ghosh March 23, 2023
  • 2 Minutes Read

On Thursday, March 23, Tamil Nadu Chief Minister MK Stalin tabled afresh “The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill” before the state legislative assembly. The assembly approved and readopted the Bill for the second time, which will now be sent to Governor RN Ravi for approval.

The move came a day after the Union Minister for Information and Broadcasting Anurag Singh Thakur, in response to a question in Lok Sabha, stated that states have the authority to form laws for online gambling. Following Thakur’s statement, CM MK Stalin announced his plan to re-table the Bill, asserting that the questions raised by the Governor, who returned the previous Bill for reconsideration on March 8, will be clarified as the Bill has been readopted and sent back to him.

While addressing the assembly, CM MK Stalin said, “I am standing here with a heavy heart. Forty-one people have lost their lives due to online gambling. Please pass the Bill unanimously. This is a Bill passed not just with the mind but also our hearts. We might have a difference of opinions in ideologies and politics, but no one with a heart can have a difference of opinion over gambling that kills people.”

Later, talking to local media, he explained the state’s renewed attempt to enforce a ban on online gaming. “The Online Gambling Prohibition Bill was passed in the Legislative Assembly on October 19, 2022, and was sent for the Governor’s assent on October 26, 2022. On November 23, 2022, the Governor sought clarification, which was later given. However, after 131 days, it was returned on March 6, 2023, seeking clarification.”

Stalin added, “This Bill will be again sent to the Governor. We may have political differences, but lives are involved in online gambling. The state government has the right to take care of people. Union Minister Anurag Thakur himself has told Parliament that the state government has the right to bring a law against online gambling in response to a question asked by DMK MP SR Parthiban.”

Justifying its move, the state government pointed out that Tamil Nadu has recorded over 41 suicides by people facing gambling losses. Only last week, pro-Dravidian outfit Thanthai Periyar Dravidar Kazhagam, as a mark of protest, sent the ashes of several victims to the Governor to underline the gravity of the situation.

Governor RN Ravi has been under fire from the ruling and opposition parties in Tamil Nadu since he sidestepped the Bill the first time, allowing the related Ordinance to lapse in November 2022.

On Wednesday, TN Law Minister S Regupathy said that the High Court has made it clear that the assembly has the authority to draft such legislation and that the Governor was duty-bound to give his assent once the assembly has readopted the Bill. While the state readopting the legislation has clearly cornered the Governor, the question is, will he approve the Bill now?

 

Will the Governor Approve the Online Gaming Bill?

The Tamil Nadu cabinet approved the state’s new Ordinance to ban online gaming on September 27, 2022. On October 7, Governor RN Ravi approved the Ordinance. The government issued a gazette notification on the Ordinance’s passing but did not notify the date for the Ordinance.

The Tamil Nadu assembly passed the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, on October 20, 2022, and the related legislation, i.e., the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022, was sent to the Governor for his final approval.

Governor Ravi returned the legislation, seeking clarification on several points. Even though the state responded quickly, the Governor made no further move, causing the Ordinance to expire on November 27.

Governor RN Ravi
Governor RN Ravi

 

On March 8, Governor RN Ravi returned the online gaming bill to the state government, asking the state to reconsider the provisions of the legislation. Acting under the provisos of Article 200 of the Constitution, Governor Ravi claimed the state government does not have the authority to enact such a law.

A day before the Bill was re-tabled before the assembly, Tamil Nadu’s Finance Minister, Palanivel Thiaga Rajan, in an interview with CNBC-TV18, pointed out that the Bill is very specific and technical, well-crafted, and is supported by scholars. “The bill is very solid. You get any scholar to opine on it. It is very solid. In fact, yesterday, the Union Minister somewhere opined that it’s within the rights of Tamil Nadu to pass such a bill.”

It’s important to note that the Governor has to approve legislation when it is passed and sent to him for approval for the second time. The state is banking heavily on this constitutional provision by readopting the Bill.

 

The Centre’s Stance

The Union government has been working to prepare a draft regulation for the country’s growing online gaming sector for over a year now. On January 2, 2023, the Union Ministry of Electronics and Information Technology (MeitY), the nodal ministry for the industry, announced an e-gaming policy in its draft rules on online gaming. The MeiTY subsequently sought feedback from gamers, industry stakeholders, teachers, law firms, industry bodies, and parents.

While the draft policy is being finalized, MeitY plans to enforce graded KYC norms for gamers. On March 21, Union Minister for Information and Broadcasting Anurag Singh Thakur, in a written response to a question tabled by DMK MP from Salem, SR Parthiban, stated in the Lok Sabha that states have the authority to form laws related to online gaming.

In his official response, Thakur said, “Betting and Gambling come under Entry 34 of List-II in the Seventh Schedule of the Constitution of India, in respect of which States have the power to legislate. Accordingly, states have enacted their laws to deal with gambling, including which are available online, within their jurisdictions.

He also underlined that past judgments have touched upon the game of skill and game of chance argument, pointing out that as per the Supreme Court, “games of skill” are those in which a high degree of skill is necessary to win, and “Games which are predominantly based on chance are considered as ‘Gambling’ under Indian Laws.”

Anurag Thakur
Anurag Thakur

 

Following Thakur’s statement, MP SR Parthiban tweeted that Thakur’s response justified the Tamil Nadu government’s views.

IT Minister Ashwini Vaishnaw recently commented that online gambling was a complex issue. Several states and union territories have passed legislation against the practice, and the Centre is concerned about the impact of online games on society. “This is a complex legal issue. As we have a consensus with the state governments, the Centre will come up with an act to regulate online gaming and gambling. It is important to create a consensus first and then come to Parliament.”

As Stalin pointed out, the government has readopted the online gaming Bill. The ball is now in the Governor’s court to approve the legislation.

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