The Supreme Court on Monday refused to entertain a plea challenging the constitutional validity of the Bodh Gaya Temple Act, 1949, directing the petitioner to seek remedy before the appropriate High Court.
A bench comprising Justices M.M. Sundresh and K. Vinod Chandran heard the matter and observed that the relief sought—declaring the 1949 Act as ultra vires—should first be adjudicated by the concerned High Court under the constitutional framework.
“We are not inclined to entertain the petition under Article 32 of the Constitution of India. However, liberty is given to the petitioner to approach the High Court,” the bench stated, declining to examine the issue at the apex level in the first instance.
The Bodh Gaya Temple Act was enacted in 1949 to ensure the proper administration and management of the Mahabodhi Temple complex, located in Bihar’s Bodh Gaya—revered as the place where Gautam Buddha attained enlightenment. The temple complex is a UNESCO World Heritage site and includes the Vajrasana (Diamond Throne), the sacred Bodhi tree, six other holy sites within a fortified compound, and the Lotus Pond located just outside.
The petitioner’s counsel submitted that the Act is violative of constitutional rights and sought its annulment. However, the bench reiterated that the High Court would be the appropriate forum to raise such issues.
The plea follows renewed political interest in the governance of the Mahabodhi Mahavihara. In April, Rashtriya Lok Morcha chief and former Union Minister Upendra Kushwaha demanded an amendment to the 1949 Act, advocating for exclusive Buddhist management of the temple.
The Act currently allows both Hindus and Buddhists to be part of the temple’s management committee, a provision that has faced criticism from certain Buddhist groups who argue for full control over their holiest shrine.
The court’s refusal to entertain the petition at this stage leaves the matter open for further challenge in the Patna High Court, which has jurisdiction over Bodh Gaya.
