SOLITAIRE LEGAL OR NOT?

Under the constitution of India, the states are entrusted with the power to frame and regulate
“state-specific” laws for betting and gambling. In India the Public Gambling Act, 1867 has been
adopted by several states of India. The other states have enacted their own legislation to
regulate/prohibit gambling activities within their territorial boundaries under their gaming
enactments.

The state of Sikkim has enacted a licensing regime for online games and sports through intranet
within the stet of Sikkim under the Sikkim act and Sikkim online gaming regulation rules 2009.
Likewise, the state of Nagaland has also enacted a licensing regime for online games of skill
under the Nagaland act and the Nagaland prohibition of gambling and promotion and regulation
of online games of skill rules, 2016.

Most gaming enactments exempt games of “mere skill” from the prohibition, either by operation
of a direct provision or by interpretation of the case laws. The Supreme Court of India (“SC”)
has interpreted the words “mere skill” to include games which are preponderantly of skill and
have laid down that (i) the competitions where success depends on substantial degree of skill will
not fall into category of ‘gambling’; and (ii) despite there being an element of chance, if a game
is preponderantly a game of skill, it would nevertheless be a game of “mere skill” 1.Whether a
game is of chance or skill is a question of fact to be decided on the facts and circumstances of
each case2. The judicial view has been very strict in this regard.

Therefore, there is no licensing regime for games of skill at the federal level. These games
operate under the exclusion of ‘Games of skill’. And furthermore, the activity of playing game of
skill as a profession or as a business activity is protected under article 19(1)(g) of the constitution
of India.

1
State of Bombay v. R.M.D. Chamarbaugwala, AIR 1957 SC 699.
2
Manoranjithan Manamyil Mandram v. State of Tamil Nadu, AIR 2005 Mad 261.
Indian laws on games of skill vs. games of chance

Games of skill are those whose outcomes are primarily based on the skills of the players.
Therefore, such games are legal as skills are required to play them. With respect to games of
chance, judicial precedents have held that a game of chance is a game that is determined entirely
by mere luck, the result of which is wholly uncertain and doubtful and, a human being cannot
apply his/her mind to estimate the result. Whether a game is game of skill or chance is a question
of fact which shall be decided by the courts on the basis of facts and circumstances of each case.
The Indian courts have recognized that no game is game of skill purely and every game involves
an element of luck or chance.

The Hon’ble Supreme Court of India has interpreted the words ‘mere skill’ to include games that
predominantly relies on skill even if there is an element of chance, if the game is predominantly
a game of skill, it would we interpreted as a game of skill and not of chance.

For instance, The Supreme Court in the case of K.R. Lakshmanan Vs. State of Tamil
Nadu and Ors3 while deciding the question that whether a horse race is a game of chance or a
game of ‘mere skill’ held that “horse-racing is a game where the winning depends substantially
and preponderantly on skill”. The Court also said that “we have no hesitation in reaching the
conclusion that the horse-racing is a sport which primarily depends on the special ability
acquired by training. It is the speed and stamina of the horse, acquired by training, which
matters. Jockeys are experts in the art of riding. Between two equally fast horses, a better trained
jockey can touch the winning-post.”

Another example is that of the game of Rummy wherein the Supreme Court State of Andhra
Pradesh v. K. Satyanarayana and Ors.4 concluded that “Rummy, on the other hand, requires
certain amount of skill because the fall of the cards has to be memorized and the building up of
Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say
that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of
skill”. predetermined pattern, but is dependent upon how the cards find their place in the shuffled
pack. In this judgment the SC has also passingly observed that bridge is a game of skill.
3
[AIR 1996 SC 1153]
4
[(1968) 2 SCR 387] 
Solitaire whether skill based or luck?

Many people have argued that luck plays a crucial role in winning a game of solitaire and
therefore can be called as a game of luck but, is this true? first let us know what solitaire actually
is.

According to Wikipedia Solitaire is any tabletop game which one can play by oneself, usually
with cards, but also with dominoes. The term "solitaire" is also used for single-player games of
concentration and skill using a set layout tiles, pegs or stones. These games include peg
solitaire and mahjong solitaire. Most solitaire games function as a puzzle which, due to a
different starting position, may (or may not) be solved in a different fashion each time.

Solitaire like other such card games is a game of skill as well as chance, there is either a random
win or loss. however, it can also be luck if your opponent plays a bad move and also as cards go
through shuffling which can go in favor or against us as we cannot predict which combination of
cards we are going to get.

But how else do you play a skill-based game? In a skill-based game, gamers use strategy,
expertise and tactics to win a game. Thus, a skill-based game requires concentration, focus and
alertness. Solitaire like any other game or sport has specific set of rules and regulations which
need to be followed by the player. And while playing solitaire a player requires to formulate a
good strategy based on the solitaire rules to some degree to arrange all the cards accordingly.

To determine whether solitaire is luck based or skill based let us analyze and see what the answer
is. Klondike (basic solitaire) has 52 cards Once you have played the first game, seven cards
remain from the first game. The dealer arranges another eight cards on the table which are face-
up. This implies that there are now 15 cards that you already know. The remaining ones are 21,
which are face down, and another 16 on the decks. The result is that only 15 cards are available
to you, and 37 are not known to you. Guessing 37 cards really is hard. Only luck can save you
here5.

5
https://www.solitaire-masters.com/ 
 The 37 unavailable cards consist of 28 “odd” cards and 9 “even” cards. When the cards are
turned over, they are either even or odd, and therefore no play. For most people, they have to
cheat to gain this one. A Monte Carlo research6 shows that at 0.25%, only 2.5 to 10 percent of
the games are unwinnable. Therefore, you will win most of the games due to your skills, but the
rest out of luck.

When it comes to FreeCell, it is possible to win every game as a game which allows you to have
one extra move is winnable. However, some experts think that one game out of 300 does not
allows you any move, but nonetheless other 299 games are playable and thus allows the player to
have a greater chance to win7.

It is possible that many top players of solitaire must have practiced constantly and therefore have
sharpened their skills. The best thing to do is to have a strategy and implement it while playing
the game.

Another such study related to Solitaire was conducted by The Stanford University 8 which used a
rollout method to analyze a version of klondike solitaire and how using strategy in the klondike
game can have more winnable outcomes than a person normally wins in the real game. Hence,
proving that the application of strategy in the solitaire game can have winnable outcomes. Thus,
answering the question that solitaire is a predominantly skill-based game.

Legalities of Solitaire

6
http://web.engr.oregonstate.edu/~afern/papers/klondike.pdf
7
www.Thatericalper.com
8
https://web.stanford.edu/~bvr/pubs/solitaire.pdf
In India as discussed above the games that require “mere skill” are not regulated under the
gambling legislations and maybe legally offered through physical as well as virtual mediums. In
India Nagaland is one such state that is taking a way forward towards offering skill games in a
legal manner.

The Nagaland Act is the only legislation in India, section 2(3) thereof defines the term, “games
of skill”, to “include all such games where there is preponderance of skill over chance, including
where the skill relates to strategizing the manner of placing wagers or placing bets or where the
skill lies in team selection or selection of virtual stocks based on analysis or where the skill
relates to the manner in which the moves are made, whether through deployment of physical or
mental skill and acumen”.

The Explanation to section 2(3) broadens the ambit of “games of skill” in the following words:

i). All Games provided in Schedule A of this Act shall fall under the category of “Games of
Skill”

ii). ‘Games’ which have been declared or determined to be ‘games of skill’ by Indian or
International courts or other statutes, or games where there are domestic and international
competitions and tournaments, or games which can be determined to be ‘games of skill’ shall
further be entitled to be included in Schedule A.

iii). Games of skill may be (a) Card based and (b) action/ virtual sports/ adventure/ mystery and
(c) calculation/ strategy/ quiz based.

Solitaire is expressly mentioned in the schedule A of the Act which lays down a detailed list of
games that are considered to be ‘games of skill’ for the purpose of Nagaland Act.

The Nagaland Act thus seeks to have pan-India application by virtue of the Explanation to
section 2(1) and section 2(2). The Explanation to section 2(1) reads as follows:

“Once a license has been obtained under this Act, wagering or betting on online ‘games of skill’
or making profit by providing a medium for playing ‘games of skill’ shall not amount to
gambling so long as they are being provided to players and are being accessed by players
operating from territories where ‘games of skill’ are exempted from the ambit of gambling”.
Conclusion

At the end of the day to win at solitaire really takes a mixture of both. Though if it had to be one
over the other it would mostly be skill. In instances of strategy and skill-based games you are
taking a gander at making the most with what you got. Your capacity to extend your assets
originates from the measure of involvement in the game you have. Therefore, there is some
degree of ability or skill associated with the game.

To sum up, winning in the solitaire game mostly depends on your skills, how long and often you
practice, but also consider the percentage of fortune as this guest is really a sudden one.

References:

 Indianlawblog.com
 Lawcommissionofindia.nic.in (Law commission of India Report 276)
 Thatericalper.com
 Solitairegold.in