New Delhi, Aug 8: The Bihar government has told the Supreme Court that Panchayati Raj Minister Deepak Prakash can continue in the state Cabinet after being nominated as a member of the Bihar Legislative Council.A three-judge Bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice V Mohana, was hearing a petition challenging Prakash’s continuation as a minister.
The State informed the court that Prakash had been nominated as an MLC during the pendency of the proceedings. The Bench directed the government to place the relevant nomination notification on record and adjourned the matter.
Prakash was first inducted into the Bihar Cabinet on November 20, 2025, as Panchayati Raj Minister despite not being a member of either House of the state legislature.His first tenure ended following the change in government in April 2026, when Samrat Choudhary took over as Chief Minister. Prakash was subsequently re-inducted into the Cabinet on May 7.
The petitioner, social activist Rakesh Kumar Singh, has challenged the reappointment, arguing that Prakash had already spent a substantial part of the six-month period permitted under Article 164(4) for a minister who is not a member of the legislature.The petitioner contends that the constitutional period cannot be reset through a brief interruption in ministerial office and subsequent reappointment.
The State, however, has argued that the earlier appointment had ended and that Prakash’s present position is based on a fresh appointment. Solicitor General Tushar Mehta also informed the court that Prakash has now acquired membership of the Legislative Council through nomination.
The petitioner’s counsel relied on the Supreme Court’s 2001 judgment in S.R. Chaudhuri v. State of Punjab, which held that the constitutional limit cannot be circumvented by repeatedly appointing a non-legislator as minister after short breaks.
Article 164(4) provides that a person who is not a member of the state legislature can remain a minister for a maximum period of six consecutive months. If the person does not become a member of the legislature within that period, they cease to hold ministerial office.
The latest hearing did not result in a final determination on Prakash’s eligibility. The Supreme Court is expected to consider the effect of his MLC nomination and the earlier sequence of appointments after receiving the relevant official documents.
