India Supreme Court reopens case to revive Maharashtra Casinos Act

This comes almost two months after the case was rejected by the Bombay High Court.

The case is brought by a petitioner looking to operate casinos in the Indian state of Maharashtra, under the entity Dyutbhumi Hotels and Resorts Pvt Ltd. The entity was formerly known as Mumbai Gambling Management Pvt.  

The Maharashtra Casinos Act proposed a casino licensing framework which would prohibit casino games played anywhere except a licensed venue.  

But the regulation was never enacted and was ultimately repealed by the state government in 2023.

Under the proposed law, licensed venues were required to pay a gambling tax not exceeding 25%.  

Petitioner argues Maharashtra Casinos Act was unconstitutional

In the February case, the petitioner argued the 2023 repeal of the act was “ultra vires”, suggesting it opposed the Constitution of India.  

But the court emphasised the regulation was never progressed into law and called it “deeply buried”. 

It said the petitioner’s attempts to revive the regulation was “an impossibility and a far-fetched expectation, which the law can never recognise”. 

The court said there were three reasons why a piece of legislation could be determined as “ultra vires”, including that it violated fundamental rights within the Constitution.

But the judge ruled none of these parameters were relevant in this instance.  

Within the case, the petitioner was also looking for the state government to review its application to operate casinos in the state. 

On 21 April, a Supreme Court document said the case had been adjourned for two weeks.  

Within the case filing it said an application had been filed to excuse the relevant parties for filing a certified copy of the previous court’s decision, with the new court.  

However, the original court ruling can be easily accessed online.  

Is betting legal in Maharashtra today?

Today, betting is prohibited in Maharashtra under the Bombay Prevention of Gambling Act of 1887, although there are exemptions for horse racing betting and games of skill.

Only three states in India allow casinos: Goa, Daman and Sikkim.