The Andhra Pradesh High Court directed the State Government to form a committee to examine the manner in which online rummy is played, in an order dated 31 March 20231. The committee was asked to report within four weeks of receiving a copy of the order1. The purpose was to determine whether online rummy is a game of skill or a game of chance1.
The court said there was not enough material on record to decide the question. In its own words:
"..it is apparent that there is no material to show the manner in which Online Rummy is played. Without knowing how it is played and the manner in which the operator functions, it may not be proper for this Court to come to a conclusion on disputed factual aspects.."
The committee was to consist of a judicial member, independent technical and non-technical members with nothing to do with the Government, two persons representing the platform operators, one police officer of the rank of Director General well versed in Information Technology, and any other member representing the Government1. Its task was to examine and submit a report on how online rummy is played1.
The order arose from a challenge by developers of online games to amendments to Sections 2(1), 2(2), 2(4), 3(1), 3A, 4, 5 and 6, and the substitution to Section 15, of the Andhra Pradesh Gaming Act, 19741. The petitioners argued that online rummy is a game of skill and no different from physical rummy1. Their grievance was that before the amendments, Section 15 exempted any game of skill from the Act, but after the amendment to Section 15, a game of skill with stakes can attract the penal provisions of the Act1.
The High Court framed five questions, including whether rummy is a game of skill or a game of chance, whether a game of skill is protected under Article 19(1)(g) of the Constitution, and whether regulating games of skill falls within the State's legislative competence1.
What it means for players
The 31 March 2023 order did not by itself change what is legal in Andhra Pradesh. It asked the state to gather facts on how online rummy is played before the court decides whether the state can prohibit it under the Andhra Pradesh Gaming Act, 19741. Until that question is settled, the legal position for people playing rummy for money in India in the state rests on the amended Act, under which a game of skill played with stakes can attract penal provisions1. The wider picture of what is permitted across the country is set out in where gambling is allowed in India, state by state and in gambling laws in Asia.
What happens next
The committee was to report within four weeks of receiving a copy of the order1. The Supreme Court later directed the High Court to consider the issues afresh based on that committee report and on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, without being influenced by its earlier findings1. The case is State of Andhra Pradesh v. Play Games 24 and 7 Private Limited, SLP(C) No. 19057-19059/20231.
