Res Extra Commercium and Fundamental Rights (Article 19(1)(g))
The doctrine of res extra commercium (Latin: "things outside commerce") refers to activities that the law places outside the protections ordinarily afforded to trade and commerce. Under Article 19(1)(g) of the Constitution, citizens have the right to practise any profession or to carry on any occupation, trade, or business — but this right is subject to "reasonable restrictions in the interests of the general public" under Article 19(6).
- The Supreme Court in this ruling held that betting and gambling are per se res extra commercium and thus attract no protection under Article 19(1)(g)
- Prior precedents on gaming: State of Bombay v. R.M.D. Chamarbaugwala (1957) — gambling is not a trade or business protected by Part III; K. Satyanarayana v. State of Andhra Pradesh (1968) — rummy for stakes falls outside protected commerce; KR Lakshmanan v. State of Tamil Nadu (1996) — horse racing is a game of skill
- The 2026 ruling extends this doctrine to online formats, rejecting the argument that digital skill-gaming platforms deserve business protection
● Tracked since May 27, 2026 · last seen May 27, 2026 · updates as the daily brief publishes
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