1 month ago
Supreme Court Questions Bihar Minister's Unlawful Tenure Beyond Six Months
The Supreme Court of India is looking at a man named Deepak Prakash who is a minister in the state of Bihar.
He was put in the cabinet in November 2025, but he was not a member of the state’s legislature.
After the government changed, he was put back in the cabinet in May 2026.
The Constitution says a person who isn’t a legislator can only stay in the cabinet for six months.
Deepak has been a minister for more than six months in total, so the court wants to know if this is legal.
The court will hear the case in August.
The state government says it can explain how it is allowed, while the petitioners say it is unconstitutional.
The court will decide if he can keep his job or must step down.
Supreme Court asked Bihar to explain how Deepak Prakash has remained minister for over six months without being elected.
Prakash was first appointed 20 November 2025, re‑appointed 7 May 2026 after a 22‑day gap.
Article 164(4) limits a non‑legislator minister to six consecutive months; his combined tenure exceeds that limit.
The court listed the case for hearing on 27 August 2026, but an urgent hearing was also scheduled for 4 August 2026.
Bihar is creating a vacancy in the Legislative Council for Prakash to be elected and continue as minister.
- Who
- Deepak Prakash, son of RLM chief Upendra Kushwaha, serving as Bihar's Panchayati Raj Minister
- What
- Supreme Court is questioning his continued ministerial tenure beyond the six‑month limit for non‑legislators
- Where
- Bihar state, Supreme Court of India in New Delhi
- When
- First appointed 20 November 2025, re‑appointed 7 May 2026; hearing scheduled 27 August 2026 (or 4 August 2026)
- Why
- Article 164(4) permits a non‑legislator to serve as minister for only six consecutive months; his combined tenure exceeds that limit
Key facts
- Minister
- Deepak Prakash
- Position
- Panchayati Raj Minister of Bihar
- First Tenure Start
- 20 November 2025
- Second Tenure Start
- 7 May 2026
- Constitutional Article
- Article 164(4)
- Supreme Court Hearing Date
- 27 August 2026 (listed) / 4 August 2026 (urgent)
- Party Affiliation
- Rashtriya Lok Morcha (NDA ally)
- Legislative Status
- Not a member of Legislative Assembly or Council
Quotes
Chief Justice Surya Kant
Chief Justice of India
“This is a pure question of law. The State will have to explain how a minister is continuing for over six months without being elected.”
NDTV
“"How are you retaining a minister beyond 6 months when he is not elected?"”
indianexpress.com
Sources
SC to examine Bihar Minister continuing beyond six months without being elected
Who Is Deepak Prakash? The Unelected Bihar Minister In Supreme Court Spotlight
Bihar Moves To Get Minister Deepak Prakash Elected To Council After Top Court Rap
How can unelected minister stay beyond 6 months? Supreme Court asks Bihar
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