1 month ago
Deepak Prakash now MLC, can continue as minister: Bihar government
In India, government ministers usually have to be members of the legislature, the group of elected representatives that makes laws.
Deepak Prakash is a minister in the Bihar state government, but he was not a member of the legislature.
There is a rule that someone in his situation can only stay a minister for six months.
The Supreme Court, the highest court in the country, asked why he was still a minister after that time.
He was then made a member of the Bihar Legislative Council, one of the two parts of the state legislature.
He took an oath on Thursday to join the Council in Patna.
The Bihar government told the court that, because he is now a member, he can continue as minister.
The judges asked the government to show the official paper that made him a member.
They will look at the case again at the next hearing.
Bihar Panchayati Raj Minister Deepak Prakash was nominated as a member of the Bihar Legislative Council, making him an MLC.
The Bihar government told the Supreme Court there is no bar on his continuing as minister since he is now a Council member.
A week earlier, the Supreme Court questioned his retention in office beyond the six-month constitutional limit for unelected ministers.
Solicitor General Tushar Mehta appeared for the state before a three-judge bench led by Chief Justice Surya Kant.
The bench directed the government to produce the nomination notification by the next hearing; the plea challenges his second term as minister without membership of either House.
- Who
- Deepak Prakash, Bihar's Panchayati Raj Minister, now a nominated member of the Bihar Legislative Council; the Bihar government represented by Solicitor General Tushar Mehta; and a three-judge Supreme Court bench led by Chief Justice Surya Kant.
- What
- The Bihar government told the Supreme Court that Deepak Prakash can continue as minister because he has been nominated to the Legislative Council, and the court asked to see the nomination notification.
- Where
- Supreme Court of India; the oath was taken at the Bihar Legislative Council in Patna.
- When
- On Friday, a week after the Supreme Court first questioned his retention; Prakash took oath on Thursday.
- Why
- To address a plea challenging Prakash's second appointment as Panchayati Raj Minister without being a member of either House of the state Legislature.
Petitioner challenging the appointment
Bihar government
Minister's eligibility without legislative membership
Petitioner challenging the appointment
Deepak Prakash should not have been appointed or retained as minister for a second time without being a member of either House of the state Legislature, beyond the six-month constitutional limit.
Bihar government
There is no bar on Prakash continuing as minister now that he has been nominated as a member of the Bihar Legislative Council, which satisfies the membership requirement.
Key facts
- Minister
- Deepak Prakash
- Portfolio
- Panchayati Raj Minister, Bihar
- New status
- Nominated member of the Bihar Legislative Council (MLC)
- Court
- Supreme Court of India
- Bench
- Three-judge bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V Mohana
- Key question
- Continuation as minister beyond the six-month constitutional limit without being a legislator
- Government's stand
- No bar on continuation since Prakash is now a member of the Legislative Council
- Next step
- Government to submit the nomination notification by the next date of hearing
Sources
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