SC QUESTIONS U.P.’S USE OF ORDINANCE TO TAKE CONTROL OF BANKE BIHARI TEMPLE
Background of the Ordinance and Legal Challenge
The Uttar Pradesh government promulgated the Shri Banke Bihari Ji Temple Trust Ordinance, 2025, to take administrative control of the ancient and highly revered Banke Bihari Temple in Vrindavan, Mathura. This move was challenged through petitions, questioning the validity and urgency of the ordinance, which effectively removed the traditional management by the temple’s Goswami family and vested authority with a government-appointed trust.
Supreme Court’s Observations
A bench of Justices Surya Kant and Joymalya Bagchi sharply questioned the "tearing hurry" with which the ordinance was introduced, expressing concerns about the government's haste and procedure bypassing key stakeholders including the temple management.
The court criticized the “clandestine manner” in which the UP administration obtained permission in an earlier Supreme Court order (dated May 15, 2025) to utilize Rs 500 crore of temple funds for development of the temple corridor project, without adequately informing or involving the existing management committee.
The court emphasized that temple funds must be utilized strictly for the welfare of pilgrims and not be pocketed by private or political entities under the guise of the temple being private property.
The Supreme Court expressed its intent to recall the May 15 order allowing state control over temple funds, suggesting that such major decisions must have transparency and fair hearing.
Interim Directions and Future Proceedings
Pending the decision on the ordinance's validity, the Supreme Court proposed constituting a committee headed by a retired high court judge to oversee the temple's management and ensure day-to-day rituals continue without disruption.
The court directed parties to move the Allahabad High Court to challenge or defend the ordinance, signalling that the High Court will conduct detailed hearings on the matter.
The temple administration will temporarily be in the hands of the committee with members from the temple family, government officials, and possibly the Archaeological Survey of India (ASI) due to the temple's heritage status.
Arguments Presented
Senior Advocate Shyam Divan, representing the former temple management, argued that the ordinance was forced upon the temple authorities without due process or notice and removed the traditional custodians unfairly. He highlighted procedural irregularities and called for restoration of the management committee.
The UP government, through Additional Solicitor General K.M. Nataraj, justified the ordinance as necessary for "better administration," given the temple's vast number of devotees (two to three lakh weekly) and the need to develop the temple precinct under a statutory framework.
Context and Importance
The Banke Bihari Temple is one of the holiest shrines in Vrindavan and has long been under traditional hereditary custodianship, which has led to disputes in recent years.
The UP government's push to develop a corridor around the temple with substantial funds sourced from the temple's own income has been contentious, raising issues of religious rights, transparency, and heritage conservation.
FREQUENTLY ASKED QUESTIONS (FAQ)
Q1: What is the Shri Banke Bihari Ji Temple Trust Ordinance, 2025?
It is an ordinance issued by the Uttar Pradesh government to take over the management of the Banke Bihari Temple, replacing the traditional family-based custodianship with a statutory trust.
Q2: Why is the Supreme Court questioning the Uttar Pradesh government?
The Supreme Court questioned the government's urgency and methods in promulgating the ordinance and using temple funds without adequately informing or involving the temple management.
Q3: What did the Supreme Court propose as an interim measure?
The Court proposed a committee headed by a retired high court judge to manage the temple's affairs temporarily while the ordinance's validity is legally examined.
Q4: Who traditionally manages the Banke Bihari Temple?
The temple has traditionally been managed by the Goswami family, custodians who oversee rituals and administration.
Q5: Why is there controversy over the use of temple funds?
The UP government obtained permission to use Rs 500 crore from temple funds for a development project, raising concerns over transparency and misuse of religious funds.
Published on: August 6, 2025
Published by: PAVAN
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