Regulatory Arbitrage In Indian Gaming Law: A Constitutional And Corporate Risk Analysis
- IJLLR Journal
- Aug 4
- 1 min read
Navya Chandan, BA LLB, Jindal Global Law School
ABSTRACT
The exponential growth of India’s online gaming sector, driven by technological and demographic shifts, has outpaced the development of a cohesive regulatory framework. The resulting legal landscape is marked by jurisdictional overlaps between state and central authorities, definitional ambiguities, and inconsistent enforcement. This complexity has enabled gaming companies to engage in regulatory arbitrage, strategically navigating gaps and conflicts in the law to minimize compliance obligations and regulatory scrutiny. This article examines whether such behaviour reflects mere corporate opportunism or exposes systemic flaws in India’s legislative architecture governing gaming and gambling. Through a doctrinal analysis of statutes, constitutional entries, leading case law, and policy responses, the paper argues that the current regulatory regime is both constitutionally incoherent and structurally inadequate, giving rise to substantial compliance, governance, and investor risks. The article adopts a comparative perspective, drawing on models from the United Kingdom, United States, and Singapore to contextualize the Indian experience and propose actionable reforms. Ultimately, it recommends a harmonized, principle-based legal framework designed to reconcile constitutional mandates, ensure responsible innovation, and foster regulatory certainty for all stakeholders.
