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It is sports, you bet! Law Commission recommends legalising betting in sports

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It is sports, you bet! Law Commission recommends legalising betting in sports

It’s a piece of news that will be welcomed by many whose interest in sports lies in the money to be made, rather than the side that wins or loses: The Law Commission of India has recommended legalisation of sports betting and gambling activities and regulating them, stating that a complete ban has proved to be “counter-productive” and has only resulted in a hike of “black money generation and circulation”.

It said that since it is impossible to stop illegal gambling, the only viable option left is to “regulate” gambling in sports and it be allowed as regulated activity taxable under the direct and indirect tax regimes and used as a source for attracting foreign direct investment (FDI).

The commission recommended “cashless” gambling in sports and taxing the earnings as a means to increase revenue and deal a blow to unlawful gambling. The money generated can be used for public welfare activities, it said.

The commission’s report, “Legal Framework: Gambling and Sports Betting including Cricket in India”, recommends a number of changes in the law for regulating betting and generating tax revenues from it.

The Law Commission report was prepared by a panel headed by Chairman Justice BS Chauhan after the Supreme Court ordered it to study the possibility while hearing a case between the Board of Control for Cricket in India (BCCI) and Cricket Association of Bihar & Ors.

The commission had taken opinion from students, experts and public in general before coming to the conclusion that regulation was needed more than prohibition. It has also proposed that the income earned from these activities should be made taxable. If the proposal goes through, it could lead to a windfall for the government.

“In the light of the fact that the existing black-market operations relating to these activities are a major source of influx of black money in the economy, regulation rather than complete prohibition the logical step to be taken,” reads the report.

While pondering over the question, the commission looked at examples from Mahabharata as well.

“The argument that had gambling been regulated in the Mahabharata period, Yudhishtir could not have put his brothers and wife as stakes, perhaps Mahabharata could not have been there, is full of substance,” noted the commission.

At present, betting is legal only on horse racing, and it is taxed at 28 per cent under GST. The commission recommended that like the exemption for horse-racing as a game of skill, “other skill-centric games may also be exempted from the blanket prohibition on gambling”.

The commission has also recommended amending the laws regulating forex and India’s FDI policy to allow investments in the casino and online gaming industry.

It also proposed strong regulations and laid down several checks and balances to avoid misuse if betting is indeed legalised.

It has stated in its report that such activities should be offered only by operators from India possessing valid licences granted by a game licensing authority.

The commission recommended a classification of ‘proper gambling’ and ‘small gambling.’ ‘Proper gambling’ would be for the rich who play for high stakes, while ‘small gambling’ would be for the low income groups, it said.

Restrictions on amount should be prescribed while using electronic money facilities like credit cards, debit cards, and net banking. Gambling websites should not solicit pornography, it said.

For those who would participate in gambling and betting, there should be a cap on the number of transactions that they can indulge in monthly/yearly etc.

It has also proposed that all betting and gambling activities should be linked to the operator’s and participant or player’s Aadhaar Card/PAN Card, to ensure “enhanced transparency and state supervision”.

Also, transactions need to be cashless, “with penal provisions for cash transactions”, it said.

Those who receive “subsidies or do not pay taxes” have been excluded from participating in such betting and gambling.

Making betting and gambling legal has been debated for long. Estimates about the size of the gambling market in India vary, with a 2010 KPMG report suggesting that it could be $60 billion, but more recent studies peg the value to be much higher, said a News18 report.

According to Doha-based International Centre for Sport Security, the illegal betting market in India is worth $150 billion, or roughly Rs 9.6 lakh crore, the News18 report said. Most of it is via local bookmakers and unregulated offshore websites.

The government could earn tens of thousands of crores as tax revenue by legalising sports betting. Additionally, if online gambling and casinos are also permitted, the estimated tax revenue would be much higher.

In addition to revenue generation, a legal and regulated gambling sector will also help in creating large-scale employment opportunities.

Parliament may also enact a model law for regulating gambling that may be adopted by the states or in the alternative, Parliament may legislate in exercise of its powers under Articles 249 or 252 of the Constitution. In case legislation is made under Article 252, states other than the consenting states will be free to adopt the same, it states.

The commission said it feels that allowing FDI in the industry would bring substantial amounts of investment to those states that decide to permit casinos, propelling the growth of the tourism and hospitality industries, while also enabling such states to generate higher revenue and employment opportunities.

Justice BS Chauhan stated that with time law changes and thus the need is for regulation rather than blanket prohibition. Quoting Justice DP Madon, the commission stated “as the society changes, the law cannot remain immutable” and that “the law exists to serve the needs of the society which is governed by it.”

The primary law on which states have framed their gambling legislation is an archaic, British-era law called the Public Gambling Act, 1867. Ironically, while India follows a British-era prohibitionist statute, the UK legalised and regulated various forms of gambling and betting many decades ago.

The commission report referred to epic Mahabharat to justify its call for regulation of gambling.

“There is merit in the argument that, had gambling been regulated at the time of the Mahabharat, Yudhishtir could not have staked his wife and brothers in a gamble,” the report signed by Justice Chauhan and five other commission members observed.

The commission said that even as Indian society had traditionally frowned upon gambling, the argument made for ‘revenue over morality’ lacked merit. It reasoned that online gambling and betting have acquired a global presence.

“Such activities, if properly regulated would ensure transparency in the market, as also strike at the underworld’s control over the illegal and unregulated gambling industry. Additionally, revenue so generated by regulating and taxing betting and gambling may become a good source of revenue, which in turn, could be used for public welfare,” the commission report said.

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Farooq, Omar Abdullah to meet upset NC MLAs amid party discontent

Farooq Abdullah and Omar Abdullah are set to meet National Conference MLAs who have raised concerns following the recent Cabinet expansion in Jammu and Kashmir.

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Omar Abdullah

Jammu and Kashmir National Conference (NC) president Farooq Abdullah and Chief Minister Omar Abdullah are set to meet a group of party legislators who have raised concerns following the recent expansion of the Union Territory’s Council of Ministers.

The meeting is scheduled in Srinagar on Friday as the party leadership attempts to address grievances raised by several NC MLAs. Reports indicate that the legislators had met separately ahead of their interaction with the Abdullahs to finalise the issues they wanted to raise. 

The developments come days after Omar Abdullah expanded his Cabinet, inducting four new ministers and dropping Independent MLA Satish Sharma from the Council of Ministers. The reshuffle has led to discontent among sections of the ruling National Conference, particularly among legislators who were not included in the new ministerial team. 

What the NC MLAs want

The legislators have raised concerns about the functioning of the party and government, including the need for greater authority for elected representatives, stronger party organisation at the grassroots level and better implementation of commitments made to voters.

Some members of the group have also demanded changes involving ministers and the Chief Minister’s advisor Nasir Aslam Wani. Earlier reports said the legislators had prepared a memorandum outlining their grievances and demands. 

The group has stressed that its concerns are aimed at strengthening the party rather than destabilising the government. One legislator described the focus as improving the party’s functioning at the grassroots level and ensuring that MLAs are empowered to address public grievances.

Cabinet expansion triggered tensions

The latest discontent followed Omar Abdullah’s Cabinet expansion, under which four new ministers were inducted. They include Ali Mohammad Sagar, Mir Saifullah, Shamima Firdous and Altaf Ahmad Kaloo. Independent MLA Satish Sharma was dropped from the Council of Ministers. 

The Cabinet changes had already prompted concerns among some senior legislators over ministerial representation and the functioning of the party organisation. The disagreement has since developed into a broader discussion about the role and empowerment of elected representatives.

The meeting with Farooq and Omar Abdullah is therefore significant as the party leadership seeks to engage directly with the legislators and address their concerns.

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Hardeep Singh Puri elected unopposed to Rajya Sabha from Madhya Pradesh

Union Minister Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh after the nominations of two other candidates, including a Congress-backed nominee, were rejected.

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Hardeep Puri

Union Petroleum Minister and Bharatiya Janata Party (BJP) leader Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh. The announcement was made on Thursday after the deadline for withdrawal of nominations ended, leaving Puri as the only candidate in the contest.

Puri’s election followed the rejection of nomination papers filed by two other candidates, Kante Sayanna and Rajkumar Lohani, who was backed by the Opposition Congress. Their nominations were rejected during the scrutiny process, making Puri the sole candidate remaining in the fray.

Returning Officer Umesh Sharma formally declared Puri elected to the Upper House of Parliament. Madhya Pradesh BJP president Hemant Khandelwal collected his certificate of election from the returning officer in the presence of party MLA Rameshwar Sharma.

Why Hardeep Singh Puri was elected unopposed

The Madhya Pradesh Rajya Sabha bypoll witnessed three candidates initially entering the contest. However, the nomination papers of the two other candidates did not clear scrutiny.

Kante Sayanna and Congress-backed candidate Rajkumar Lohani had their nominations rejected during the examination of election papers. With both candidates out of the contest, Puri remained the only candidate.

As a result, the returning officer declared him elected unopposed on the final day of withdrawal of nominations on November 5.

The bypoll, if required, had been scheduled to take place on November 12.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election became necessary following the resignation of former Union minister L Murugan from the Rajya Sabha last month.

Murugan’s departure created a vacancy in the Upper House from Madhya Pradesh. His original term was scheduled to continue until April 2, 2030.

The BJP subsequently nominated Hardeep Singh Puri as its candidate for the by-election.

Puri, a former diplomat who later entered politics, currently serves as the Union Minister of Petroleum and Natural Gas.

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Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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