1 month ago
Bihar Minister Deepak Prakash Nominated to Legislative Council Amid Challenge
There is a minister in Bihar named Deepak Prakash who helps run the state government.
He was never elected by the people to any law-making group.
Some people said that was against the rules, so they asked the Supreme Court of India to decide.
The rules say a minister who is not a lawmaker can stay in office for only six months.
Prakash's first six months ended in May 2026, but he took the oath again after a new government was formed.
Some people think the six-month count should not start over with a second oath.
To solve the problem, the Governor approved making Prakash a member of the Legislative Council, a special law-making group.
He is taking the seat of a member named Devesh Kumar, who quit his job.
Now he can be a minister and also a lawmaker.
The Supreme Court is still checking the case and asked the government for more information.
Bihar Governor Syed Ata Hasnain approved the cabinet's recommendation to nominate minister Deepak Prakash to the Bihar Legislative Council under the Governor's quota.
Prakash, a leader of the Rashtriya Lok Morcha (RLM) founded by his father Upendra Kushwaha, was never elected to the assembly or the legislative council.
His nomination fills the vacancy created by BJP MLC Devesh Kumar's resignation on July 31, 2026; the notification was issued on August 5, 2026.
A Supreme Court PIL contends Article 164(4) limits a non-legislator minister to six months in office and that re-swearing does not reset the constitutional clock.
The Supreme Court sought responses from the Bihar government, Prakash and the Election Commission; the constitutional questions remain pending.
- Who
- Deepak Prakash, Bihar's Panchayati Raj Minister and Rashtriya Lok Morcha (RLM) leader, nominated by Governor Syed Ata Hasnain.
- What
- Nominated to the Bihar Legislative Council under the Governor's quota amid a Supreme Court challenge over his eligibility to remain a minister without being a legislator.
- Where
- Bihar, India.
- When
- Nomination notified on August 5, 2026, following Devesh Kumar's resignation on July 31, 2026; Prakash was first sworn in on November 20, 2025 and re-sworn on May 7, 2026.
- Why
- Article 164(4) limits a non-legislator minister to six months in office, and a PIL argues the clock does not reset with a second oath; the nomination addresses his immediate eligibility.
Petitioner's View
Government's Position
Resetting the six-month limit under Article 164(4)
Petitioner's View
The six-month period for a non-legislator minister runs continuously while the same Legislative Assembly exists; taking a second oath after a government change does not restart the clock and amounts to circumventing the constitutional limit.
Government's Position
The re-swearing followed the formation of a new NDA government, and the cabinet's recommendation with the governor's approval of the nomination was the NDA's solution, with senior leaders backing it.
Whether nomination resolves the eligibility issue
Petitioner's View
The Supreme Court petition questions the legality of Prakash's earlier ministerial tenure and reappointment, and the nomination does not settle the pending constitutional questions.
Government's Position
The governor's approval makes Prakash an MLC, which the nomination is expected to address the immediate concern regarding his continuation as a minister.
Key facts
- Nominee
- Deepak Prakash, Bihar Panchayati Raj Minister
- Party
- Rashtriya Lok Morcha (RLM)
- Governor's Approval
- Syed Ata Hasnain
- Vacancy Filled
- Resignation of BJP MLC Devesh Kumar on July 31, 2026
- Notification Date
- August 5, 2026
- First Sworn In
- November 20, 2025 (Nitish Kumar-led government)
- Constitutional Provision
- Article 164(4) of the Constitution
- Court Status
- Supreme Court notice; responses sought from Bihar government, Prakash and Election Commission
Quotes
Upendra Kushwaha
President of Rashtriya Lok Morcha and father of Deepak Prakash
“"The NDA had found a solution and thanked the National President, the Prime Minister and the Chief Minister for their support."”
thehansindia.com
Sources
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