India’s First Constitutionally Anchored Gaming Framework

When regulatory silence clouds India’s booming digital gaming sector, SKOCH has stepped in with the country’s first constitutionally grounded Responsible Online Gaming Framework. Unlike fragmented self- regulatory efforts and the outdated binary of ‘games of skill’ versus ‘games of chance,’ this framework offers legal clarity, ethical innovation, and a structured path forward. As courts are inundated with gaming litigation, FIRs multiply, and states pass conflicting laws, SKOCH presents a cohesive regulatory vision.

India’s digital gaming industry is among the fastest-growing globally, drawing major investments, creating jobs, and contributing significantly to the economy. Yet, it remains stuck in a legal and policy vacuum—governed by colonial-era laws, state-level inconsistencies, and judicial interventions filling the void of legislative action. In this chaos, SKOCH’s framework offers stability and a national outlook, supporting entrepreneurs, investors, and consumers alike.

At its core, the SKOCH Responsible Online Gaming Framework is a reformist blueprint. Grounded in public interest and constitutional values, it replaces fragmented rule-making with an Ethics–Regulation–Governance triad. It proposes a risk-purpose-based game classification system that addresses actual behavioural and economic impacts, moving away from the outdated skill-vs-chance paradigm.

The colonial legacy of this binary—enshrined in the Public Gambling Act of 1867—was never meant to address today’s tech-driven gaming environment. With algorithms, nudges, and monetisation blurring the lines between skill and chance, SKOCH challenges the legitimacy of this outdated construct. It calls for a new classification grounded in technological realism and constitutional coherence.

A cornerstone of the framework is the proposed National Gaming Regulatory Authority (NGRA)—a multi-stakeholder institution enabled through cooperative federalism, inspired by the GST Council. Alongside this central body, the framework proposes State Gaming Regulatory Authorities (SGRAs) under respective Home Departments to oversee local enforcement, registration, and grievance redressal.

This initiative aligns with SKOCH’s legacy of nation-building through institutional reform. Over the last two decades, SKOCH has shaped key interventions—from Aadhaar to digital governance and financial
inclusion—through deep research and stakeholder engagement. The gaming framework is no different: grounded in evidence, constitutional reasoning, and years of deliberation.

The journey began with SKOCH’s 2023 discussion paper, Is the Gaming Dice Loaded?, which highlighted the convergence of gaming and gambling, and the risks of unchecked growth. Since then, SKOCH has engagedanswers core questions: Who regulates? Under which constitutional provision? How do we ensure accountability, consumer protection, and innovation?

Consultations revealed the systemic failures of current Self-Regulatory Organisations (SROs). These industry- led bodies are structurally conflicted—prioritising profits over public welfare. In a sector riddled with addiction risks, financial manipulation, and child exposure, expecting these organisations to regulate themselves is wishful thinking. They lack enforcement power, statutory legitimacy, and public accountability. Guidelines, not penalties, are their only tools. Fragmentation within the gaming industry further weakens their legitimacy, as multiple companies refuse to adhere to them.

Why the Ministry of Home Affairs?

SKOCH proposes the MHA as the nodal ministry for its unparalleled regulatory, enforcement, and coordination capacities. Other ministries—such as MeitY, Consumer Affairs, or Youth Affairs—may lack the institutional capability or legal mandate for comprehensive regulation. Gaming challenges such as addiction, money laundering, cybercrime, and inter-state legal conflicts are fundamentally law-and-order issues. The MHA’s cybercrime units and constitutional authority make it the best fit.

Additionally, MHA is suited to operationalise Article 252 of the Constitution, which allows Parliament to legislate on State List subjects (like gambling) when two or more states seek central intervention. This legal mechanism provides the ideal path to enacting a Model Gaming Code—a unified framework that sets national standards while allowing states to tailor enforcement to their needs.

Key Proposals SKOCH Framework

• National Gaming Regulatory Authority (NGRA): Housed under the Ministry of Home Affairs (MHA) and modeled on the GST Council, NGRA ensures inclusive policymaking and unified national standards.
• State Gaming Regulatory Authorities (SGRAs): These state-level bodies handle local implementation, enforcement, registration, and grievance redressal.
• Clear Role Delineation: NGRA and SGRAs will have defined responsibilities, ensuring both national coherence and responsiveness to state-specific concerns.
• Mandatory Audits and Grievance Redressal: The framework ensures transparency, accountability, and user protection through regular audits and accessible complaint mechanisms.
• Corporate Digital Responsibility (CDR): Companies will be held accountable not just to profits but to public welfare and digital ethics.
• Risk Mitigation: From playtime alerts and in-game disclosures to mental health support and risk-tiering, the framework builds in safeguards for digital well-being.

Invitation for Dialogue

SKOCH Responsible Online Gaming Framework marks a turning point in India’s regulatory imagination. It transcends outdated binaries and fragmented policymaking to offer a comprehensive, ethical, and future-ready alternative. Rooted in constitutional morality and public interest, it is a call to policymakers, technologists, industry and citizens alike to reimagine gaming governance.

To explore the full framework and contribute to this crucial conversation, we invite you to access the complete Discussion Paper (563 pages) at the QR below.

Your feedback will shape the future of a responsible digital gaming ecosystem in India.

coe@skoch.org