Legalization of betting falls in domain of legislature: SC

The Supreme Court has passed on the responsibility of determining whether to legalize betting in India, Glaws reports.

The Supreme Court noted (in the obiter dicta or non-binding portion of the judgment) that it is up to the Government or Law Commission to decide whether betting can be legalized in the country, implying that individual state governments or the centre should be tasked with the policy decision and that the judiciary does not want to indulge in policy making.

Vidushpat Sidhania, Partner specializing in Sports Law at Krida Legal, commented: “With the judiciary supporting legalization of sports betting much of the negative sentiments pertaining to it shall subside. The judiciary has taken the first step to end the limbo pertaining to who will initiate the first step towards legalization. The legislature can also now consider taking a measured call after consulting the stakeholders”.

However, it remains to be seen whether the legislature will pay heed to the remarks of the Supreme Court and formulate a policy on the issue.