the goan I network
PANAJI
The All India Gaming Federation on Wednesday described as “unfounded” the claim of GPCC President Girish Chodankar that casinos in Goa had no constitutional backing as the Goa Daman and Diu Public Gambling Act amendments enacted in 1992 had not got the assent of the President of India.
In a statement issued on Wednesday, the Federation claimed that betting and gaming is a State subject and the amendments were approved by the Governor under Article 200 of the Constitution, unless assent to the amendment Bill is reserved and sent to the President of India.
“Chodankar has chosen to twist the 276th Report of the Law Commission of India on betting and gambling to propound a ‘patently false’ assertion that offshore casinos are operating without constitutional backing in Goa,” it said.
“This is a totally false assertion which involves incorrect reading of the extant legal and constitutional and selective quoting of the Law Commission’s report,” Federation said.
The Law Commission’s comments pertained to the Public Gambling (Haryana Amendment) Bill, 2002, and quotes the note of the Union Ministry of Home Affairs as stating that the 1992 Goa Gambling Amendment Bill did not receive the assent of the President of India.
“This is because gambling and betting is a State subject under the Constitution of India and any law passed by the State legislature has to be assented by the Governor of the state under Article 200 of the Constitution (unless Governor reserves assent to the Bill and sends it to the President of India for his consideration),” the Gaming Federation said.
“In the case of the Goa Public Gambling Amendment Bill, the Governor being fully competent and empowered under the constitutional provisions to approve a bill passed by the State legislature on a subject under the state list, duly gave his assent to the Bill,” it said.
The assent of the President is therefore not required and the bill becomes law once it is approved by Governor, it added.
Chodankar has also failed to note that the Law Commission in its recommendations has in fact supported permitting Foreign Direct Investment (FDI) in the casino industry and in point no. 14 at para 9.8 of its report recommended thus: “Allowing FDI in this industry would bring substantial amounts of investment to those States that decide to permit casinos, propelling the growth of the tourism and hospitality industries, while also enabling such States to generate higher revenue and employment opportunities.’
The All India Gaming Federation (AIGF) is a not-for-profit organisation, an apex body that focuses on policy advocacy, research and forum for discussion among various stakeholders associated with the online Indian Gaming industry.
