Bihar: BJP MLC resigns to help unelected minister meet constitutional deadline

Patna, July 31: In a move aimed at resolving a constitutional crisis, Bharatiya Janata Party (BJP) MLC Devesh Kumar resigned from the Bihar Legislative Council on Friday, clearing the way for Panchayati Raj Minister Deepak Prakash to be elected to the House and retain his ministerial post.

The development comes a day after the Supreme Court pulled up the Bihar government for allowing Mr. Prakash, who has not been elected to either House of the State Legislature, to continue as a Minister for over seven months without meeting the constitutional requirement.

Mr. Prakash, 36, was appointed Minister on November 20, 2025, and has been in office for seven months and 22 days. Under Article 164(4) of the Constitution, a Minister who is not a member of the State Legislature for six consecutive months ceases to be a Minister at the end of that period. The provision grants a grace period to allow Ministers to get elected to either House after their appointment.

On May 30, 2026, a petition was filed in the Supreme Court by Rakesh Kumar Singh, seeking that Mr. Prakash's appointment be declared invalid and alleging that it was "fraud upon the constitution." The apex court, hearing the petition on July 30, questioned the State government on how an unelected individual could continue as a Minister beyond the six-month period. The next hearing is scheduled for August 4.

Mr. Kumar, who was nominated to the Legislative Council on the Governor's quota on March 17, 2021, tendered his resignation to Council Chairman Awadhesh Narain Singh. His term was to expire on March 16, 2027. State BJP president Sanjay Saraogi was present during the resignation. Party sources indicated that Mr. Kumar, a former journalist, is likely to be given a new and larger responsibility in the party. He declined to speak to the media after the resignation.

The resignation is seen as a step to accommodate Mr. Prakash, who must secure a seat in the Legislature within the six-month grace period to continue as Minister. Mr. Prakash's nomination to the Legislative Council has not yet been notified.

Mr. Prakash is the son of Upendra Kushwaha, leader of the Rashtriya Lok Morcha (RLM), a coalition partner in the ruling National Democratic Alliance (NDA), and a Rajya Sabha member. His mother, Snehlata Kushwaha, is the RLM MLA from Sasaram in Rohtas district. Mr. Prakash retained the Panchayati Raj portfolio even after Samrat Choudhary replaced Nitish Kumar as Chief Minister.

Constitutional experts note that the Supreme Court's observation underscores a fundamental principle: a Minister must be a member of the Legislature to be accountable to the people. The current situation highlights the legal necessity for political parties to ensure that Ministers fulfill this requirement within the stipulated time frame.

Political observers are watching the case closely, as the Supreme Court's next hearing on August 4 could set a precedent for how strictly the six-month provision is enforced. Meanwhile, the Bihar government is expected to move swiftly to complete the formalities for Mr. Prakash's election to the Legislative Council.