Unpacking The PROGA, 2025: Skill, Chance And The Constitution
- IJLLR Journal
- Oct 23
- 1 min read
Paridhi Aggarwal, Lloyd Law College
ABSTRACT
This article examines the Promotion and Regulation of Online Gaming Act, 2025 (PROGA), which provides a regulatory framework for Online social games and Esports and also imposes a prohibition on online money games. The Article analyses the constitutional challenges to the Act, primarily focusing on three major areas: legislative competence under Article 246 of the Constitution that differentiates between the power of the Centre and the State; Freedom of profession under Article 19(1)(g); and lastly, on the ground of Right to Privacy under Article 21. The article also refers to various doctrines, such as colourable legislation and the doctrine of Pith and Substance, as well as other key case laws, to examine whether the restrictions imposed by the act are justified or not. Along with the analysis of the provisions of the act, possible justifications have been provided. Ultimately, the constitutional legitimacy of an Act depends upon the judicial scrutiny.
Keywords: Online Gaming, PROGA 2025, Legislative competence, Game of Skill and chance, Article 19(1)(g), Right to Privacy, colourable legislation, and Doctrine of Pith and Substance
