Bihar Governor Appoints Deepak Prakash as MLC Amid Constitutional Scrutiny
Bihar Governor Lieutenant-General (Retd) Syed Ata Hasnain on August 5, 2026 nominated Deepak Prakash to the Bihar Legislative Council. The appointment fills the vacancy created by the resignation of nominated member Devesh Kumar on July 31, 2026.
Mr. Prakash is the son of Rashtriya Lok Morcha (RLM) president and Rajya Sabha member Upendra Kushwaha, an ally in the National Democratic Alliance (NDA). The nomination comes days after the Supreme Court questioned how Mr. Prakash, who has been serving as Panchayati Raj Minister without being a legislator, could hold the position beyond the constitutionally permitted period.
On July 30, 2026, the Supreme Court, while hearing a petition, asked the Bihar Government to explain how Mr. Prakash, an unelected Minister, could continue in office even six months after assuming the role. Following this, Bharatiya Janata Party (BJP) MLC Mr. Kumar resigned, paving the way for Mr. Prakash's appointment.
Mr. Prakash, 36, has been the State's Panchayati Raj Minister since November 20, 2025, without being a member of either House of the State Legislature. Even after Samrat Choudhary replaced Nitish Kumar as Bihar Chief Minister on April 15, 2026, and expanded his Cabinet on May 7, 2026, Mr. Prakash retained his ministerial position.
The constitutional challenge stems from a petition filed on May 30, 2026, by Rakesh Kumar Singh, seeking the invalidation of Mr. Prakash's appointment as Minister, calling it a “fraud upon the Constitution”. Article 164 (4) of the Constitution allows a Minister six months to get elected to either House of the State Legislature after appointment.
Mr. Upendra Kushwaha expressed his gratitude for his son's nomination in a post on social media platform X. He thanked Prime Minister Narendra Modi, Union Home Minister Amit Shah, JD(U) national president Nitish Kumar, BJP national president Nitin Nabin, Bihar Chief Minister Samrat Choudhary, LJP (Ram Vilas) national president Chirag Paswan, and Union Minister Jitan Ram Manjhi.
“I am fully confident that Deepak Prakash will further strengthen the development of Bihar and the interests of its people with complete dedication and a spirit of public service,” Mr. Kushwaha added.
Mr. Prakash, an engineering graduate, entered politics in 2025 as a member of the RLM. He was appointed Panchayati Raj Minister by then Chief Minister Nitish Kumar. His mother, Snehlata Kushwaha, is the RLM MLA from the Sasaram Assembly constituency in Rohtas district.
