The Madras high court had said in its 2021 judgment that a new law to ban online gambling may be enacted by the government and this made it clear that the state legislature is competent to pass a Bill to ban online rummy, Tamil Nadu Law Minister S Regupathy said in Chennai on Thursday.
The HC had struck down on August 3, 2021, the provisions of the Tamil Nadu Gaming and Police Laws (Amendment) Act 2021, which banned wager or placing bet in cyber space for other reasons and not on the premise of competence of legislature, he told reporters at the airport.
Hence, the HC had made it clear that the Tamil Nadu government had the competence to enact a law to ban online gambling, the minister said.
Governor RN Ravi had returned to the Tamil Nadu assembly the TN Prohibition of Online Gambling and Regulation of Online Games Bill passed by the assembly on October 19, 2022, stating that the state legislature ‘lacked legislative competence.’
“It is not clear why the governor has returned the bill.” The reasons put forth by Governor Ravi for sending back the bill would be examined by Chief Minister M K Stalin. The governor is duty bound to give his assent when the bill is adopted again in the assembly, he added.
The adoption of the bill was necessitated after the Madras high court had struck down on August 3, 2021, the provisions of the Tamil Nadu Gaming and Police Laws (Amendment) Act 2021 which banned wager or placing bet in cyber space.
Such provisions were held by the high court as ultra vires the Constitution. The court had said that an appropriate legislation may be passed by the government conforming to the constitutional sense of propriety in the field of betting and gambling.
After the bill’s passage, it was sent to Raj Bhavan for the governor’s assent and the government had repeatedly urged Governor Ravi to clear it.
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