New Delhi- The Supreme Court of India has fixed April 28, as the date for the final hearing in the long-pending writ petition challenging the constitutionality of the Bodh Gaya Temple Act, 1949. The bench comprising the CJI Suryakant, Justice B.V. Nagarathna, and Justice Joymalya Bagchi passed the order on February 17 after hearing arguments from both sides in Writ Petition (Civil) No. 380/2012, filed by Bhante Arya Nagarjun Shurai Sasai and others against the Union of India and respondents.
The core issue in the petitions revolves around the constitutional validity of certain provisions of the Bodh Gaya Temple Act, 1949 (as amended), which governs the management of the Mahabodhi Mahavihara, the UNESCO World Heritage Site where Lord Buddha attained enlightenment. Petitioners argue that the Act discriminates against Buddhists by mandating a committee with equal non-Buddhist representation, including the District Magistrate of Gaya, and seek exclusive Buddhist control over the temple.
Advocate Anand S. Jondhale shared details of the order with The Mooknayak. The Court permitted several applicants (private entities and organizations) to assist as intervenors, acknowledging their distinct locus standi. The Union of India and intervenors were directed to file counter-affidavits, if any, within four weeks. No further extension will be granted. The bench suggested that the Union of India and the State of Bihar file a single, comprehensive counter-affidavit addressing all issues raised across the connected petitions.
Petitioners must file any rejoinder within two weeks of receiving the counter-affidavit, with no further adjournment allowed. Parties were granted four weeks thereafter to submit written arguments, along with compilations of relevant statutes and case law (convenience compilations).
For newly added matters, no formal notice was issued, but copies of the writ petitions were directed to be provided to senior counsel Ranjit Singh (representing Bihar) and the AOR for the Union of India. Upon filing of the counter-affidavit, a soft copy will be shared with petitioners' counsel solely for assistance during the final hearing.
The hearing saw extensive representation. This development follows earlier procedural steps, including amendments allowed in October 2025 and adjournments in December 2025 for rejoinder filings. The case, ongoing since 2012, consolidates multiple intervention applications and related petitions, reflecting the 134-year struggle for Buddhist control of the Mahabodhi site.
Activists associated with the Mahabodhi Mahavihara Liberation Movement, including those from the All India Buddhist Forum, welcomed the timeline as a step toward resolution.
In 2012, Buddhist monks Bhante Arya Nagarjun Shurai Sasai and Gajendra Mahanand Pantawane filed the writ petition (Civil No. 0380 of 2012) in the Supreme Court, challenging the Act’s provisions and seeking exclusive Buddhist management of the temple. Despite its significance, the petition remained unheard for over a decade, prompting Buddhist monks to undertake hunger strikes to draw attention to the issue.
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