'How Can Unelected Minister Continue Over Six Months?' SC Asks Bihar Govt

The Supreme Court on Thursday questioned the Bihar government over the continuation of Panchayati Raj Minister Deepak Prakash despite his remaining unelected beyond the six-month constitutional window.

A three-judge bench headed by Chief Justice of India Surya Kant was hearing a plea challenging Prakash’s appointment as a minister for a second time without his being elected to either House of the Bihar legislature, Indian Express reported.

“It is a pure legal issue. How are you retaining a minister beyond 6 months when he is not elected?” CJI Kant asked the counsel representing the Bihar government.

Under Article 164(4) of the Constitution, a person who is not a member of the state legislature can remain a minister for up to six months, provided they secure election to the legislature within that period.

Court Refuses Further Delay

Counsel appearing for petitioner Rakesh Kumar Singh told the court that when the matter was last taken up on July 15, the state had sought time to file a counter-affidavit. According to the petitioner’s counsel, that response has still not been filed.

“Seven months and 22 days have passed, and he is still continuing as the minister,” he said.

CJI Kant made it clear that the court would not grant any further time irrespective of whether the state files its response.

The matter has now been listed for hearing on August 4.

Why Deepak Prakash’s Appointment Is Under Challenge?

Deepak Prakash, son of Rashtriya Lok Morcha leader Upendra Kushwaha, was first appointed Bihar’s Panchayati Raj Minister on November 20, 2025, under the then Nitish Kumar government.

At the time, he was neither a member of the Bihar Legislative Assembly nor the Legislative Council.

After a fresh council of ministers was formed following Nitish Kumar’s exit and Samrat Choudhary taking over as chief minister, Prakash was again appointed Panchayati Raj Minister on May 7, 2026.

It is this second appointment that lies at the heart of the constitutional challenge before the Supreme Court.

Petitioner Calls Reappointment A Constitutional Bypass

Singh has argued that the six-month provision under Article 164(4) is a one-time exception and cannot be reset every time a new government or council of ministers is constituted.

According to the plea, Prakash was required to become a member of the legislature between November 20, 2025, when he was first sworn in, and May 20, 2026.

The petitioner has contended that appointing him again without election amounts to circumventing constitutional safeguards.

Singh has further argued that such a move weakens the principles of parliamentary democracy, representative government, collective responsibility and electoral accountability.

The petition has asked the Supreme Court to declare Prakash’s reappointment and continuance in office unconstitutional, illegal and void, and to restrain him from exercising ministerial powers.