7 months have passed: SC raps Bihar after minister reappointed without election
The Supreme Court on Thursday asked the Bihar government to explain why it is continuing Deepak Prakash as a state minister even though he has
The Supreme Court on Thursday asked the Bihar government to explain why it is continuing Deepak Prakash as a state minister even though he has not been elected to either House of the Bihar Legislature for more than six months. A bench headed by Chief Justice of India () Surya Kant was hearing a petition challenging Prakash’s reappointment as Bihar Panchayati Raj Minister despite his not being a member of the Legislative Assembly or the Legislative Council. Read Full Story Mentioning the matter before the court, the petitioner’s counsel said, “Your Lordships are examining the constitutional validity concerning the Bihar Minister.
Seven months, 22 days have passed, and he is still continuing as the Minister.” The counsel also pointed out that the state government had not yet filed its counter reponse. Responding to the submission, Surya Kant observed, "That is on file or not filed, we will hear. In the end, we will not grant any time for contest. It is a pure legal issue". "How are you retaining a minister beyond six months when he is not elected?" The bench directed that the matter be listed next Tuesday.
The petition filed by Rakesh Kumar Singh argues that Prakash was first appointed minister on November 20, 2025, and under Article 164(4) of the Constitution had to become a member of the Legislature within six months, failing which he would cease to hold office on May 20, 2026. The plea contends that he was reappointed without first securing election, effectively restarting the si month period, which the petitioner says is unconstitutional. Last month, the Supreme Court issued notices to the Bihar government, the Election Commission of India and Deepak Prakash and sought their responses on the plea.
The court had then asked whether Prakash continued to hold ministerial office, and the petitioner confirmed that he did. The case is now expected to proceed after the state, the Election Commission and Prakash file their replies, with the Supreme Court set to examine whether Article 164(4) permits such a reappointment. Ends With agency inputs
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