Nitish Kumar takes oath as Rajya Sabha MP, achieves rare feat

Meanwhile, senior BJP leaders are meeting in Delhi to decide on the next phase of leadership in Bihar.

Kumar had been elected to the Rajya Sabha on March 16 along with four other NDA nominees from Bihar. Soon after, he was unanimously chosen as president of the Janata Dal (United), with no rival candidates entering the fray.

Despite his move to Parliament, constitutional provisions allow Kumar to continue as Bihar Chief Minister for up to six months. However, rules required him to resign from the state legislature within 14 days of becoming an MP.

Under Article 101 of the Indian Constitution, an individual cannot simultaneously hold membership in Parliament and a state legislature. The relevant rules, framed under the Prohibition of Simultaneous Membership Rules, 1950, mandate resignation from one post within a specified timeframe following election to another.

As per the Election Commission of India and the Representation of the People Act, 1951, a bypoll must be conducted to fill the now-vacant council seat. In Kumar’s case, this election is expected within six months from March 30, the date he vacated his seat.

Earlier, BJP leader Nitin Nabin dismissed speculation of any discord within the NDA over the appointment of Bihar’s next Chief Minister, reported news agency PTI. He said decisions are being taken in line with established timelines and under Kumar’s leadership, reiterating the party’s commitment to alliance norms.