- The Bihar government is securing a Legislative Council seat for minister Deepak Prakash.
- BJP MLC Devesh Kumar will resign to create a vacancy for Prakash's election.
- The Supreme Court questioned Prakash's continuation beyond six months unelected.
A day after the Supreme Court asked the Bihar government how its minister Deepak Prakash was continuing in office without being elected for over six months, the state government has moved to secure a seat for him in the Legislative Council.
The BJP is creating a vacancy for Prakash in the Legislative Council by getting one of its members to resign.
BJP MLC Devesh Kumar is set to resign from the Bihar Legislative Council to enable Deepak Prakash to get elected and continue as minister.
The Supreme Court, while hearing a petition challenging Prakash's continuation as Bihar minister beyond six months despite not being elected, posed tough questions to the state government on Thursday.
"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," Chief Justice of India Surya Kant remarked.
The Supreme Court had listed the case for urgent hearing on August 4.
With the Legislative Council arrangement, the NDA aims to address the constitutional issue raised during the court proceedings.
Prakash, a leader from BJP ally Rashtriya Lok Manch, served as Minister of Panchayati Raj for four months and 26 days before Chief Minister Nitish Kumar stepped down on April 15, 2026, bringing his tenure to an end.
He held no ministerial office for the next 22 days.
On May 7, after Samrat Choudhary formed a new government, Prakash was again sworn in as minister despite remaining unelected.
The petition, filed on May 30, sought to have his appointment declared invalid, alleging it is "a fraud upon the Constitution".
Prakash has held office for more than six months in aggregate without being elected to either House.
Article 164(4) grants ministers a grace period of six months to get elected after being appointed by the Prime Minister or a Chief Minister.
It states: "A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister."
So, a minister must quit office if not elected within a period of six months.
