Banke Bihari temple case: SC questions UP Govt’s ‘tearing hurry’ over Ordinance, suggests interim committee

The Supreme Court on Monday questioned the Uttar Pradesh Government’s urgency in passing an Ordinance to create a trust for the Banke Bihari temple in Vrindavan. Indicating its concerns, the court suggested forming an interim committee headed by a retired judge to oversee the temple’s administration.

The Supreme Court on Monday questioned the Uttar Pradesh Government’s urgency in passing an Ordinance to create a trust for the Banke Bihari temple in Vrindavan. Indicating its concerns, the court suggested forming an interim committee headed by a retired judge to oversee the temple’s administration. Banke Bihari temple case: SC questions UP Govt’s ‘tearing hurry’ over Ordinance, suggests interim committee.

May 15 Order and State’s Justification

On May 15, 2025, the apex court allowed the state to use temple funds to purchase 5 acres of land for developing a corridor around the Banke Bihari temple, provided the land was purchased in the deity’s name. Following this, on May 26, the government issued the Uttar Pradesh Sri Banke Bihari Ji Mandir Nyas Ordinance, 2025, to establish a trust for managing the temple’s affairs.

However, during the recent hearing, Justice Surya Kant, heading the two-judge bench, asked Additional Solicitor General K M Nataraj, “What was the tearing hurry for the Ordinance?” The bench, which also included Justice Joymalya Bagchi, raised concerns about passing such an order through an interlocutory application without involving the current management.

Dispute Over Temple Management

ASG Nataraj argued that the Banke Bihari temple is a public temple and that the petitioners lacked the authority to challenge the Ordinance as they are not official members of the temple’s management. “There is no recognized management; all these people are unauthorized,” he stated.

Senior Advocate Shyam Divan, representing the petitioners, refuted this claim, asserting that a management system does exist. Justice Kant noted that the case which led to the May 15 order wasn’t directly about the Banke Bihari temple, adding, “Someone had to be heard on behalf of the temple. A public notice should have been issued.”

Court Slams State’s Approach

The court criticized the state for taking a “clandestine” approach by not giving stakeholders a chance to respond. Justice Kant emphasized that temple funds should be used for pilgrim welfare, not misused by private individuals. He added, “If the state wanted development, it could have done so lawfully. We don’t expect such conduct.”

Drawing parallels, Justice Kant mentioned the development around the Golden Temple in Amritsar, urging the state to adopt similar transparent initiatives for the Banke Bihari temple. He reiterated that providing basic amenities is the government’s duty and should not come at the cost of due process.

Interim Management Proposal

To ensure fair administration, the court proposed keeping part of the May 15 order in abeyance and setting up an interim committee. A retired High Court judge will lead the body, assisted by the district collector and development authorities. The temple’s rituals will continue to be performed by the current priestly family.

The bench encouraged the petitioners to challenge the Ordinance’s constitutional validity in the Allahabad High Court. It also proposed involving the Archaeological Survey of India (ASI) to assist with the holistic development of the Banke Bihari temple and surrounding region.

Highlighting the potential of religious tourism, the court stressed the need for structured management similar to Shirdi and Tirupati, where well-organized facilities boost the local economy. The Banke Bihari temple, being a major spiritual center, deserves the same attention and care.