Gambling And The Doctrine Of Res Extra Commercium In India: A Constitutional Analysis
- IJLLR Journal
- Aug 8
- 1 min read
T. Nishit, Research Scholar, Department of Law, Osmania University.
Prof. (Dr.) Y. Vishnupriya, Director, Dr. BR Ambedkar Educational Institutions, Hyderabad & Former Dean, Department of Law, Osmania University.
ABSTRACT
Indian courts have cited the legal principle known as res extra commercium, which literally translates to “things outside commerce,” to justify the imposition of prohibitions on some businesses that are regarded to be detrimental to the public good. These trades include gambling. It was originally a Roman law concept, but its use in India has brought up important constitutional concerns, notably with regard to Article 19(1)(g), which ensures the freedom to engage in any trade or profession. The purpose of this article is to provide a critical examination of the historical and judicial evolution of res extra commercium in Indian constitutional jurisprudence, with a particular emphasis on how it has been applied to gambling. It contends that the concept has been implemented in a manner that is contradictory and that it has frequently been utilised by the judiciary as a means of evading more stringent constitutional examination. Through an examination of significant precedents, the article raises the topic of whether or not gambling can be considered to be beyond the scope of Article 19(1)(g) of Indian Constitutionin a contemporary economy that is subject to regulation.
