New Delhi, August 8: The Supreme Court has directed the Bihar government to submit the notification regarding the appointment of Panchayati Raj Minister Deepak Prakash as a member of the Legislative Council. The state government informed the apex court that he has been nominated to the upper house and has taken the oath of office.
A bench comprising Chief Justice of India (CJI) and Justices Surya Kant, Joymalya Bagchi, and V. Mohan acknowledged the information provided by the Bihar government, confirming that Deepak Prakash has been appointed as a member of the Bihar Legislative Council and has taken the oath.
Solicitor General Tushar Mehta, representing the Bihar government, stated that the issue of disqualification is now resolved since Prakash has been nominated as an MLC.
However, the Supreme Court has requested the state government to present the notification related to his appointment, postponing the hearing of a public interest litigation (PIL) filed by social activist Rakesh Kumar Singh.
During the hearing, the Bihar government urged for the case to be closed in light of recent developments. The petitioner opposed this argument, asserting that a constitutional violation has already occurred and raised questions about the validity of the process followed.
According to the case status available on the Supreme Court’s official website, the next hearing is scheduled for August 20. This dispute arose over Deepak Prakash’s continued position as Bihar’s Panchayati Raj Minister despite not being a member of any house in the state legislature.
Last month, the Supreme Court stated that the Bihar government must clarify the constitutional basis under which a person, who is neither a member of the Assembly nor the Council, can remain in ministerial office beyond the six-month period stipulated by Article 164(4) of the Constitution.
This comment followed the petitioner’s lawyer’s argument that more than six months had passed, and Deepak Prakash remained in office without being elected to any house.
The Supreme Court previously issued a notice regarding a PIL challenging Deepak Prakash’s reappointment as Panchayati Raj Minister after the formation of a new government in Bihar.
The petition raised a significant constitutional question related to Article 164(4), which allows a non-legislator to serve as a minister for a maximum of six months, during which time they must become a member of the legislature.
According to the petition, Deepak Prakash was first included in the Bihar Cabinet on November 20, 2025, despite not being a member of any house. Following the resignation of then Chief Minister Nitish Kumar and the formation of a new government under Chief Minister Samrat Chaudhary, Prakash was reappointed as Panchayati Raj Minister on May 7.
The petitioner argued that this reappointment cannot be used to effectively grant Prakash another six-month term under Article 164(4), especially when the same Assembly remains in place.
Citing the Supreme Court’s 2001 ruling in the case of S.R. Chaudhary vs. State of Punjab, the petition stated that the constitutional exception under Article 164(4) is a one-time provision and cannot be repeatedly invoked through resignation, ministry changes, cabinet reshuffles, or reappointments.
The petition contended that allowing repeated ministerial appointments for someone who is not elected undermines parliamentary democracy, representative government, collective responsibility, and electoral accountability.
The controversy intensified when Deepak Prakash’s name was not included among the NDA candidates for vacant seats in the Bihar Legislative Council following recent elections, despite his continued role as Panchayati Raj Minister.
However, on July 31, BJP MLC Devesh Kumar resigned from his seat in the Bihar Legislative Council, creating a vacancy and clearing the way for Deepak Prakash to enter the upper house. He has since been nominated to the Bihar Legislative Council by the Governor and has taken the oath as an MLC.
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