Supreme Court asks Bihar: How can unelected minister hold post beyond 6 months?
The Supreme Court on Thursday questioned the Bihar government's decision to retain a minister who has not been elected as a legislator for more than six months, contrary to constitutional provisions.
A three-judge bench led by Chief Justice of India Surya Kant heard a plea challenging the reappointment of Deepak Prakash as Panchayati Raj Minister. Prakash, son of Rashtriya Lok Morcha (RLM) leader Upendra Kushwaha, was first appointed to the post in November 2025 despite not being a member of the Bihar Legislative Assembly. He was reappointed in May 2026 after Samrat Choudhary became chief minister.
“It is a pure legal issue. How are you retaining a minister beyond 6 months when he is not elected?” the Chief Justice asked the counsel representing the Bihar government. The bench sought the state's explanation on the matter.
Under Article 164(4) of the Constitution, a minister who is not a member of the state legislature at the time of appointment must become a member within six months. Failure to do so would result in the minister ceasing to hold office.
The petitioner’s counsel argued that Deepak Prakash has not contested any election since his appointment and thus cannot continue as minister beyond the six-month limit. The court has not yet set a date for the next hearing but indicated that the matter would be taken up soon.
This case raises significant questions about the adherence to constitutional mandates in state governments. The Bihar government is expected to respond in due course.
