On July 5, the Law Commission of India released its 276th report which suggested that betting and gambling in sports should be made legal and must be regulated by the government. The recommendation came after the Supreme Court saw in the Board of Control for Cricket in India (BCCI) vs Cricket Association of Bihar and Others that,
...the recommendation made by the committee that betting should be legalised by law, involves the enactment of a Law which is a matter that may be examined by Law Commission and the Government for such action as it may consider necessary in the facts and circumstances of the case.”
The Law Commission had released a public notice in May 2017, asking the people and the concerned stakeholders about their opinions and also welcomed the suggestions regarding whether betting should be legalised or not since strict rules against the practice haven’t deterred it. The notice further addressed that gambling and betting have seen an increase and have become difficult to curb.
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And again this year, the Law Commission report stated that legalising betting and gambling would make a good source of tax revenue for the government. It also suggested that the government can frame a law for regulating gambling and betting by exercising its power under Article 249 or 252 of the Constitution.
The report further elaborated that Aadhaar and PAN card can be used as a means of identity for betting service providers and license-holders, as well as people placing bets. The report mentioned that people who are below the poverty line, below the age of 18 years and people receiving government subsidies should not be allowed to participate in betting activities.
Regarding Foreign Direct Investment, the commission report suggested that the Foreign Exchange Management Act, 1999 and the FDI policy must be amended to promote FDI in the casino and online gaming industry.
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