The Indian Government said it would be "grateful" if state governments could take immediate steps to repeal the Public Gambling Act, 1867, and enact a new law to regulate betting and gambling, in a letter sent a few days ago, News18 reported. “If such an action has already been taken, details of State/UT law/regulation may please be sent to the Ministry of Home Affairs at the earliest,” the letter added. Government seeks more control over gambling regulations The Centre observed in its letter that the subject matter of gambling comes under the State List and the Public Gambling Act is an “archaic” law. “Dear Chief Secretary/Administrator As you are aware that the Public Gambling Act, 1867 is an archaic, pre-independence Act and subject matter now comes under the State List, as ‘Betting and Gambling’ at entry no. 34 in List II of Schedule VII to the Constitution." — The Centre's letter to states If the subject matter of a pre-constitutional law falls into the State List, the State Government is the competent legislature to repeal that Act as per Article 372(1), the Law Commission of India observed in its 248th Report of November 2014, according to the letter. Hence, it is now upon states to repeal the existing Public Gambling Act of 1867. Background: This comes after an inter-ministerial task force set up by the government recommended new centralised legislation to govern online gambling. The task force also said that the current legislation, the Public Gambling Act of 1867, is "incapable…
