The Supreme Court has issued notices to the Election Commission of India (ECI), the Bihar government and Bihar Panchayati Raj Minister Deepak Prakash on a petition challenging his continuation in office without being a member of the state legislature. The court sought responses from all parties and scheduled further proceedings for next month.
The petition questions whether a minister can continue in office after being reappointed without first becoming a member of either the Legislative Assembly or the Legislative Council. The matter raises constitutional questions under Article 164(4) of the Constitution.
Supreme Court Examines Constitutional Question
The petition was filed by social activist Rakesh Kumar Singh. A bench led by Chief Justice of India Surya Kant and Justice V. Mohana issued notices to the respondents.
According to the plea, Deepak Prakash was first appointed as a minister in November 2025. The petitioner argued that he was required to secure membership of the state legislature within six months.
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Challenge to Reappointment
The petition contends that Bihar Minister Without MLA or MLC Status continued in office through reappointment after the six-month period ended. It argues that such a move effectively restarts the constitutional timeline and defeats the purpose of Article 164(4).
During the hearing, the Chief Justice sought clarification on whether the minister was still holding office. The petitioner informed the court that Deepak Prakash continues to serve in the Bihar government.
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What Article 164(4) Says
Article 164(4) allows a person who is not a legislator to become a minister for a limited period. However, that individual must secure membership of the state legislature within six consecutive months.
The petitioner claims the constitutional provision provides a one-time exception. Therefore, the plea argues that reappointment without election may amount to an unconstitutional extension of tenure.
Responses Awaited from ECI and Bihar Government
The Supreme Court has directed the ECI, the Bihar government and Deepak Prakash to file their responses. The case is expected to return before the court in July.
The outcome could clarify the limits of ministerial appointments involving non-legislators. Legal observers say the ruling may have wider implications for constitutional governance in states.
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The case involving Bihar Minister Without MLA or MLC Status is likely to attract close attention in the coming weeks as the court examines the constitutional validity of the minister’s continuation in office.
