Does Gambling Qualify as a Trade?

A five judge bench of the Hon’ble Supreme Court, in State of Bombay vs R.M.D. Chamarbaugwala (AIR 1957 SC 699), held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’. Consequently, it is not protected by the fundamental right to trade and profession under Article 19(1)(g) or the freedom of trade, commerce and intercourse under Article 301 of the Constitution of India.

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