Discovering the Future of Casino Legislation in Maharashtra: A Supreme Court Appeal
A pivotal legal challenge aimed at reinstating the Maharashtra Casinos Act of 1976 has now reached the Supreme Court of India. This follows a setback two months prior when the Bombay High Court dismissed the case.
The push for this revival comes from Dyutbhumi Hotels and Resorts Pvt Ltd, a company previously known as Mumbai Gambling Management Pvt. Ltd., which aspires to establish casino operations within Maharashtra.
The original Maharashtra Casinos Act aimed to create a structured licensing system for casinos, asserting that gaming activities should be confined to authorized locations. However, this framework was never implemented and was ultimately annulled by the state government in 2023.
Under the initial provisions of the Act, licensed establishments were to remit a gambling tax capped at 25%.
Claims of Unconstitutionality Surrounding the Act
In a recent court filing, the petitioner has contended that the 2023 repeal infringes upon constitutional provisions and is therefore "ultra vires." However, the High Court previously ruled that the act had remained in a state of limbo, with the presiding judges describing it as “deeply buried.”
The court articulated that attempts to resurrect this legislation constituted an “impossibility,” dismissing the notion that the law could recognize such aspirations. Additionally, it clarified that for a law to be deemed “ultra vires,” it must violate essential constitutional rights, yet the court found no substantiation for this in the case at hand.
The petitioner also sought a fresh evaluation from the state regarding their bid to operate casinos in the region.
On April 21, the Supreme Court indicated that the hearing would be postponed for two weeks, as an application had been submitted requesting an exemption from the requirement to furnish a certified copy of the prior ruling. Nonetheless, the original decision remains readily available online.
Current Status of Betting Legislation in Maharashtra
As it stands, all forms of betting are illegal in Maharashtra, governed by the Bombay Prevention of Gambling Act of 1887. The only exceptions are made for betting related to horse racing and activities classified as games of skill.
Presently, only three Indian states—Goa, Daman, and Sikkim—permit casino operations, highlighting the distinctive landscape of gaming legislation across the country. The outcome of this latest Supreme Court case could significantly reshape the future of gambling in Maharashtra and perhaps even beyond.