Supreme Court Recommends High Court for Bodh Gaya Temple Act Petition

New Delhi, Jun 30 (PTI): On Monday, the Supreme Court declined to entertain a plea challenging the validity of the Bodh Gaya Temple Act, 1949, directing the petitioner to approach the relevant high court. The Mahabodhi temple complex in Bodh Gaya, Bihar, holds great significance as a UNESCO World Heritage site and is among the four pivotal locations associated with the life of Lord Gautam Buddha, where he is believed to have attained enlightenment.

The plea contesting the act's vires was presented before a bench of Justices M M Sundresh and K Vinod Chandran. During the proceedings, the bench inquired about the specific prayer requested in the plea. The petitioner’s counsel responded, "I have prayed that the Bodh Gaya Temple Act should be annulled as ultra vires." However, the bench suggested that the petitioner should file the plea with the high court instead.

"Why don't you do it before the high court?" the bench questioned. "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," they stated. The 1949 Act is intended for the better management of the temple. The Mahabodhi temple complex includes a 50-metre high grand temple, the Vajrasana, the sacred Bodhi tree, and six additional sacred sites linked to Buddha's enlightenment, enclosed by numerous ancient votive stupas, expertly maintained within multiple circular boundaries.

The seventh sacred site, the Lotus Pond, lies to the south outside the temple's enclosure. Both the temple area and the Lotus Pond feature circulating passages at two or three levels, with the ensemble positioned 5 metres below the surrounding terrain.

In April, Rashtriya Lok Morcha chief and former Union minister Upendra Kushwaha called for amendments to the Bodh Gaya Temple Act, 1949. He advocated for revisions that would enable the Mahabodhi Mahavihara Temple's management to be transferred to the Buddhist community.