Supreme Court Rejects Plea To Hand Over Bodh Gaya Mahabodhi Temple To Buddhists: “How Will We Do It? Approach High Court”

The Supreme Court Today (June 30) dismissed a plea asking for the Mahabodhi Temple in Bodh Gaya to be handed over to Buddhists, advising the petitioner to approach the Patna High Court instead. The temple remains under Bihar government’s control.

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Supreme Court Rejects Plea To Hand Over Bodh Gaya Mahabodhi Temple To Buddhists: "How Will We Do It? Approach High Court"

NEW DELHI: The Supreme Court of India refused to accept a petition that requested the transfer of control and management of the Mahabodhi Mahavira Temple in Bodh Gaya, Bihar to the Buddhist community.

The court clearly said that the petition was not suitable to be heard under Article 32 of the Indian Constitution and advised the petitioner to go to the Patna High Court instead.

A Bench made up of Justice MM Sundresh and Justice K Vinod Chandran heard the case. The Bench rejected the request and explained that it was not the Supreme Court’s role to issue such directions in this case under Article 32.

“How will we do it? This is not maintainable under Article 32. How can we issue mandamus. Please approach High Court,”

-said Justice Sundresh, making it clear that the Supreme Court cannot issue such orders directly under this Article.

After this observation, the Supreme Court officially dismissed the petition. However, it gave the petitioner the option to take the matter to the appropriate High Court.

“We do not entertain this. Dismissed. Liberty granted to approach High Court,”

-the Bench stated in its final order.

The Mahabodhi Temple is a UNESCO World Heritage Site and a very important religious place for Buddhists around the world. At present, the Bihar government is responsible for the management and control of the temple.

The petition was filed by Sulekhatai Nalinitai Narayanrao Kumbhare, who had asked the court to give directions to change the Bodh Gaya Temple Act of 1949. She wanted the Act to be amended so that the management of the temple is given to Buddhists, saying this would respect their faith and religious rights.

With the Supreme Court’s direction, the petitioner now has the liberty to file the case in the Patna High Court, which is the proper forum to hear such matters.

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Ancient Beginnings

Around 260 BCE, Emperor Asoka visited Bodh Gaya and built the Vajrasana (Diamond Throne) and a small shrine to honour the place where Buddha attained enlightenment. He also planted one of the earliest stone pillars and railings around the Bodhi Tree site.

Gupta-Era Grandeur (5th–6th Century CE)

The current brick temple structure dates back to the late Gupta period (5th–6th century), noted for its impressive 50–55 metre pyramidal tower, ornate carvings, and four smaller corner spires. Chinese pilgrims like Faxian and Xuanzang observed a flourishing complex of shrines, monasteries, and stone sculptures around the Bodhi Tree.

Decline & Restoration

From the 12th to 13th centuries, due to invasions, neglect, and shifts in religious power, the temple fell into disrepair. By the 16th century, a Hindu monastery (mahant) had taken control of the site, and Buddhists were largely barred from access. In the 1870s, a Burmese delegation began restoration. From 1879–1884, the British under Sir Alexander Cunningham completed major rebuilding, reviving the temple’s grandeur and recovering a Pala-period Buddha image.

Modern Era & Governance

In 1949, the Bodh Gaya Temple Act transferred management from the Hindu mahant to the Bihar government, forming a committee of both Hindus and Buddhists. In 2002, UNESCO declared it a World Heritage Site for its historical, cultural, and religious importance.

Architecture & Spiritual Richness

Entirely constructed from brick, it stands among India’s earliest surviving brick temples. The central tower, with detailed carvings and surrounding smaller towers, showcases a fusion of Gupta and Dravidian architectural styles. The site includes the sacred Vajrasana, the Bodhi Tree (a living descendant of the original tree), ancient votive stupas, and extensive stone railings — some dating back to 150 BCE.

Global Influence

The Mahabodhi Temple’s design inspired architectural replicas across Myanmar, Thailand, China, Nepal, and other countries. It remains the holiest Buddhist pilgrimage site, commemorating the moment when Siddhartha Gautama attained enlightenment under the Bodhi Tree.

CASE TITLE:
SULEKHATAI NALINITAI NARAYANRAO KUMBHARE vs THE UNION OF INDIA
D No. 19102/2025

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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