Patna, Aug. 1: In a significant political development amid mounting legal scrutiny, BJP MLC Devesh Kumar resigned from the Bihar Legislative Council on Friday, paving the way for Panchayati Raj Minister Deepak Prakash to enter the Upper House and continue in the Samrat Choudhary-led NDA government.
The resignation comes a day after the Supreme Court questioned how Prakash has continued as a minister despite not being a member of either the Bihar Legislative Assembly or Legislative Council for more than six months. The apex court has fixed August 4 for the next hearing in the matter.
A petition before the Supreme Court challenges Prakash’s continuation in office, alleging that his reappointment amounts to “a fraud upon the Constitution” as his cumulative tenure as a minister without being elected exceeds the six-month limit prescribed under Article 164(4) of the Constitution.
Article 164(4) permits a person who is not a member of the legislature to serve as a minister for a maximum of six months, during which he or she must secure election to either House.
According to the petition, Prakash first served as Panchayati Raj Minister under the Nitish Kumar government for four months and 26 days before the government changed. After remaining out of office for 22 days, he was re-inducted into the Samrat Choudhary cabinet on May 7, 2026, despite not being a legislator.
The petitioners have argued that the constitutional six-month period should be counted cumulatively across both ministerial stints, whereas the Bihar government has maintained that neither individual tenure exceeded the constitutional limit.
Legal experts have also referred to the Supreme Court’s ruling in the S.R. Chaudhuri vs State of Punjab (2001) case, which held that the six-month exemption for a non-legislator to remain a minister is a one-time constitutional privilege during the tenure of an Assembly and cannot be repeatedly invoked through resignations and reappointments.
Devesh Kumar, who had been nominated to the Legislative Council in March 2021 and whose tenure was scheduled to continue until March 2027, vacated his seat to facilitate Prakash’s election to the Upper House.
The BJP’s move is widely seen as an effort to address the constitutional challenge while ensuring the continuation of its ally, the Rashtriya Lok Morcha (RLM), in the NDA government. Deepak Prakash is the son of RLM chief Upendra Kushwaha and was notably not nominated in the June 2026 biennial Legislative Council elections despite holding a ministerial berth.
During the hearing, Chief Justice of India Surya Kant remarked, “This is a pure question of law. The state will have to explain how a minister is continuing for over six months without being elected.” The Bench also observed, “It is a pure legal issue. How are you retaining a minister beyond six months when he is not elected?”
The court will hear the matter further on August 4, when the Bihar government is expected to respond to the constitutional questions surrounding Prakash’s continuation in office.
