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Supreme Court Sends Buddhist Personal Law Plea To Law Commission: Can’t Direct a Constitutional Amendment

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Today, On 28th November, Supreme Court Sends Buddhist Personal Law Committee Plea To Law Commission which sought changes in certain existing laws affecting the community’s rights. The bench said it cannot direct constitutional changes and treated the petition as a representation to be examined by Law Commission.

New Delhi: The Supreme Court heard a petition filed by the Buddhist Personal Law Action Committee, which sought changes in certain existing laws affecting the community’s rights.

The matter came before a Bench of CJI Surya Kant and Justice Joymala Bagchi.

At the beginning of the hearing, the CJI questioned the foundation of the request.

He told the petitioners,

“You’re effectively asking us to amend Article 25. Have you made any representation to the Union government? You’re relying on representations submitted by others what stops you from filing your own?”

The Bench made it clear that the Supreme Court cannot intervene in the manner sought by the petitioners.

CJI Surya Kant said,

“We can’t direct a constitutional amendment. The Law Commission can, however, make recommendations we can request them to hear you.”

He added that the petition claimed that certain laws were affecting fundamental rights and noted that the trust works to protect Buddhism.

The Bench also pointed out that a similar issue had been raised earlier by another group, which was also sent to the Law Commission.

The Court followed the same approach this time, saying,

“We’re sending this matter to the Law Commission for consideration.”

Court’s Order

In its order, the Supreme Court recorded,

“The 21st Law Commission, while examining UCC issues, has already looked at this subject and sought stakeholder views. The Law Commission headed by a former Supreme Court judge is the expert body responsible for reviewing laws and suggesting amendments.”

The Bench said,

Since the LCI can take a holistic view, we are disposing of this writ petition by treating it as a representation. The registry will forward all records to the Commission. If the Commission finds it useful, it may hear the petitioners, which will aid its report.

The term Buddhist Personal Law Action Committee is commonly linked to efforts seeking a separate personal law for Buddhists in India. Supporters argue that the community should not continue to be governed by the Hindu Marriage Act and Hindu Succession Act.

This demand is part of a wider movement that also includes long-standing calls for independent Buddhist control over the Bodh Gaya Temple and stronger legal protection for Buddhist identity.

Case Title: BUDDHIST PERSONAL LAW ACTION COMMITTEE V UNION OF INDIA AND ORS., W.P.(C) No. 1138/2025

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