Deepak Prakash now MLC, can continue as minister, Bihar government tells Supreme Court

On July 31, BJP MLC Devesh Kumar resigned from the Legislative Council in a bid to facilitate the entry of RLM leader Deepak Prakash.

During the hearing on July 30, the top court had told the Bihar government that “it is a pure legal issue” and the state will have to explain “how are you retaining a minister beyond six months when he is not elected?”

Article 164(4) allows a non-member to remain a minister for six months, subject to getting elected as a member within that period.

Prakash, the son of RLM president Upendra Kushwaha, was first inducted as the Panchayati Raj Minister on November 20, 2025, by then CM Nitish Kumar, though he was neither a member of the Assembly nor the Council.

After Nitish resigned, Samrat took charge as the CM on April 15, 2026, and inducted Prakash as the Panchayati Raj Minister on May 7, 2026.

The petitioner, Rakesh Kumar Singh, has argued that Article 164(4) is a one-time opportunity and cannot be utilised every time there is a change of government. He had to get re-elected between November 20, 2025, when he was first sworn in, and May 20, 2026, the plea pointed out.

Singh contended that the re-appointment was in circumvention of constitutional safeguards and undermines representative democracy. He argued that it undermines the principles of parliamentary democracy, representative government, collective responsibility and electoral accountability.

He urged that SC declare Prakash’s reappointment and continuance in office unconstitutional, illegal and void, and to restrain him from exercising the powers vested in the ministerial office.