Supreme Court to Review Petition Seeking Overhaul of Bodh Gaya Temple Law

New Delhi Chronicle – August 4, 2025
The Supreme Court of India has agreed to hear a petition seeking the repeal of the Bodh Gaya Temple Act, 1949, proposing replacement with a central statute to regulate the Mahabodhi Temple’s administration and governance   .

A bench comprising Justices M. M. Sundresh and N. Kotiswar Singh issued notices to the Centre and other stakeholders and will hear the petition alongside an identical one currently pending in the apex court .

What the Petition Argues

The petition challenges the constitutionality of the 1949 Act, contending it violates Article 13 of the Constitution by being inconsistent with fundamental rights . It further demands eviction of encroachments within the temple premises, asserting such removal is essential to ensure exclusive Buddhist worship and administration of the site to uphold justice and religious freedom .

Earlier Supreme Court Response

On June 30, 2025, the Supreme Court had declined to entertain a separate plea challenging the Act, dismissing it as unmaintainable under Article 32 and directing the petitioner to approach the Patna High Court instead .

Historical and Cultural Significance

The Mahabodhi Temple Complex at Bodh Gaya is one of the four sacred sites associated with Lord Gautam Buddha’s enlightenment, designated a UNESCO World Heritage Site in 2002 . It includes the towering Vajrasana, the Bodhi Tree, six sacred spots, ancient votive stupas, and the Lotus Pond—all enclosed within concentric defensive boundaries and situated about 5 metres below surrounding land .

Originally managed by a Bodh Gaya Temple Management Committee (BTMC) under the 1949 Act, the structure includes four Buddhist, four Hindu members, and the District Magistrate of Gaya as chairperson—who until a 2013 amendment had to be Hindu .

Looking Ahead

The court’s agreement to examine the plea signals a turning point in the legal struggle over the temple’s administration. If the petition succeeds, it could pave the way for a central law replacing the 1949 state Act, reshaping governance of the Mahabodhi Temple and affirming religious autonomy for the Buddhist community.