The Supreme Court on Monday agreed to examine a petition challenging the constitutional validity of the Bodh Gaya Temple Act, 1949, and seeking its replacement with a central legislation to ensure proper management and administration of the Mahabodhi Temple in Bihar.
A bench comprising Justices M.M. Sundresh and N. Kotiswar Singh issued notice to the Centre and other stakeholders, tagging the matter with a previously pending petition involving similar prayers.
The plea contends that the 1949 Act, enacted for the management of the sacred temple, is inconsistent with Article 13 of the Constitution, which prohibits laws violative of fundamental rights. The petition also seeks the removal of encroachments on the temple premises to facilitate exclusive Buddhist worship and asserts that religious rights of the global Buddhist community must be upheld.
The Mahabodhi Temple Complex in Bodh Gaya, a UNESCO World Heritage site, is one of Buddhism’s holiest sites, marking the spot where Lord Gautam Buddha is believed to have attained enlightenment. The complex includes the iconic 50-metre-high temple, the Bodhi tree, Vajrasana, and several sacred structures and votive stupas.
Earlier, on June 30, the apex court had declined to entertain a similar challenge to the 1949 Act, directing the petitioner to first approach the appropriate high court. However, the present plea, highlighting overlapping issues, was deemed fit for joint hearing by the top court.
The matter will now be heard alongside the pending petition, with the Supreme Court awaiting the Centre’s response.
