A legal case aiming to resurrect the long-dormant Maharashtra Casinos Act of 1976 has been advanced to India’s Supreme Court. This development follows the case’s rejection by the Bombay High Court approximately two months prior, in February 2025.

The legal challenge has been brought by a petitioner, identified as Dyutbhumi Hotels and Resorts Pvt Ltd (formerly Mumbai Gambling Management Pvt), an entity seeking to operate casinos within the Indian state of Maharashtra. Their case hinges on the potential revival of the Maharashtra Casinos Act.

The Maharashtra Casinos Act, originally drafted in 1976, proposed a framework for licensing casinos within the state and would have prohibited casino games from being played anywhere except at licensed venues. However, the regulation was notably never formally enacted into law after its proposal. Despite its unenacted status, the Act was ultimately repealed by the Maharashtra state government in 2023. Under the provisions of the proposed law, if it had been enacted, licensed venues would have been required to pay a gambling tax not exceeding 25% of their revenue.

High Court Rejection and Petitioner’s Arguments

In the earlier case heard by the Bombay High Court in February 2025, the petitioner argued that the 2023 repeal of the Maharashtra Casinos Act was “ultra vires,” asserting that it contravened the Constitution of India. The petitioner also sought a review by the state government of their application to operate casinos in Maharashtra.

However, the Bombay High Court rejected the case, emphasising that the regulation had never progressed beyond a proposed stage and was never enacted into law, describing it as “deeply buried.” The court characterised the petitioner’s attempts to revive the regulation as “an impossibility and a far-fetched expectation, which the law can never recognise.” The judge in the Bombay High Court ruling determined that the legal parameters typically used to define a piece of legislation as “ultra vires” - such as violating fundamental rights within the Constitution - were not applicable in this particular instance concerning the repealed 1976 Act.

Case Progresses to Supreme Court

Despite the clear rejection by the Bombay High Court, the legal case has now progressed to India’s Supreme Court. A document from the Supreme Court dated April 21, 2025, indicated that the case had been adjourned for two weeks. Within the case filing at the Supreme Court, it was noted that an application had been filed to excuse the relevant parties from formally submitting a certified copy of the previous court’s decision. The original ruling from the Bombay High Court is understood to be readily accessible online.

Current Gambling Landscape

Providing context to the legal challenge, the current legal status of gambling in Maharashtra is restrictive. Betting is broadly prohibited within the state under the provisions of the historical Bombay Prevention of Gambling Act of 1887, although exemptions exist for activities like horse racing betting and games considered to be based on skill. Across India, only three states currently permit casino operations: Goa, Daman, and Sikkim.

The case now before the Supreme Court represents a continued legal effort to challenge the existing regulatory framework and explore the possibility of introducing casinos in Maharashtra under the terms of a long-unenacted and since-repealed piece of legislation. The Supreme Court’s involvement signifies the continuation of this legal battle, although the path forward for reviving the 1976 Act remains uncertain given its history and the definitive stance taken by the Bombay High Court.