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3mo ago

Supreme Court Declines to Hear Challenge to Bodh Gaya Temple Act, Sends Case to Patna High Court

The Supreme Court refused to entertain a writ under Article 32, directing petitioners to file their challenge in the Patna High Court, leaving the validity of the 1949 Act unaddressed.

The Mahabodhi temple in Bodh Gaya, Bihar. (File Photo)

Overview

  • A bench of Justices M. M. Sundresh and K. Vinod Chandran dismissed the direct plea under Article 32 and granted liberty to approach the Patna High Court.
  • The petition sought to annul the Bodh Gaya Temple Act, 1949, on grounds that it violates Articles 25, 26 and 29 by entrusting a Hindu-majority committee with temple management.
  • Under the Act, a nine-member committee with eight state nominees, four of whom must be Hindu, governs the UNESCO World Heritage site.
  • Petitioners argued that mismanagement by the Bodh Gaya Temple Management Committee has endangered the sacred Bodhi Tree.
  • The Supreme Court’s procedural ruling leaves the high court to determine the merits of exclusive Buddhist control and the Act’s constitutionality.