NEW DELHI: Bihar Minister for Panchayati Raj Deepak Prakash is facing a peculiar scrutiny. A petition has been filed in the Supreme Court against his continuation in office without getting elected to either house – legislative assembly or the legislative council.
Deepak Prakash is son of former Union Minister Upendra Kushwaha, whose party RLM is an ally of the BJP. Hearing the plea, the Supreme Court on Thursday said that the Bihar government will have to explain how Panchayati Raj Minister Deepak Prakash has continued in office for more than six months without becoming a member of either House of the state legislature.
Mentioning the matter before Chief Justice of India (CJI) Surya Kant, the petitioner’s counsel submitted that more than six months had elapsed and Deepak Prakash continued to hold ministerial office despite not being elected to the Bihar Assembly or the Legislative Council. “My Lord, it is now over six months, and he continues as a minister,” the counsel said while seeking an early hearing.
The counsel appearing for the Bihar government informed the CJI Kant-led Bench that the matter was already listed for hearing on August 27 and left the question of preponing the hearing to the discretion of the apex court. CJI Kant observed that the matter involves a pure question of law and said the state government would have to explain the constitutional basis for allowing a person who is not a member of the Legislative Assembly or Legislative Council to continue as a minister beyond six months.
The Supreme Court indicated that it would take up the plea for hearing on Tuesday. The petition concerns the constitutional validity of Deepak Prakash’s continuance as Bihar Panchayati Raj Minister despite not being a member of either House of the state legislature.
Earlier, the top court had issued notice on a Public Interest Litigation (PIL) filed by social activist and whistleblower Rakesh Kumar Singh challenging Deepak Prakash’s reappointment as Minister after the formation of the new government in Bihar.
According to the petition, Deepak Prakash was first inducted into the Bihar Cabinet on November 20, 2025, despite not being a member of either House of the state legislature.
Following the resignation of then Chief Minister Nitish Kumar on April 15, the Council of Ministers ceased to exist. Deepak Prakash was subsequently reappointed as Panchayati Raj Minister on May 7 in the newly constituted government headed by Chief Minister Samrat Choudhary, even though he had still not secured membership of either House.
The plea raises an important constitutional question relating to Article 164(4) of the Constitution, which permits a non-legislator to serve as a minister for a maximum period of six months, within which the person must become a member of the legislature.
Article 164(4) states -“A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.”
Deepak Prakash has not served six months continuously but he served for four months and 26 days in first tenure, then had a gap of 22 days and again got the same ministry since May 7. Thus, his collective tenure is more than six months.
