New Delhi, Aug 7 (IANS) The Supreme Court on Friday asked the Bihar government to place on record the notification appointing Bihar Panchayati Raj Minister Deepak Prakash as a member of the Legislative Council after the state government informed the top court that he has since been nominated to the Upper House and has also taken the oath.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana took on record the submission made on behalf of the Bihar government that Deepak Prakash has now been appointed as a member of the Bihar Legislative Council and has already been sworn in.
Appearing for the Bihar government, Solicitor General Tushar Mehta submitted that the alleged disqualification no longer survives as Prakash has been nominated as an MLC.
However, the apex court asked the state government to produce the notification relating to his appointment to the Legislative Council and adjourned the public interest litigation (PIL) filed by social activist Rakesh Kumar Singh.
During the hearing, the Bihar government urged that the matter be closed in view of the subsequent development. However, the petitioner opposed the plea, contending that the alleged constitutional violation had already occurred and raising objections over the legality of the process adopted.
According to the case status available on the Supreme Court’s official website, the matter is likely to be listed next on August 20. The controversy arose over Deepak Prakash’s continuance as Bihar Panchayati Raj Minister despite not being a member of either House of the state legislature.
Last month, the Supreme Court had observed that the Bihar government would have to explain the constitutional basis for allowing a person who was not a member of either the Legislative Assembly or the Legislative Council to continue as a minister beyond the six-month period prescribed under Article 164(4) of the Constitution.
The observation came after the petitioner’s counsel submitted that more than six months had elapsed and Deepak Prakash continued to hold ministerial office despite not being elected to either House.
The apex court had then remarked that the matter involved a pure question of law.
Earlier, the top court had issued notice on the PIL challenging Deepak Prakash’s reappointment as Panchayati Raj Minister after the formation of the new government in Bihar.
The petition raised an important constitutional question relating to Article 164(4) of the Constitution, which permits a non-legislator to serve as a minister for a maximum period of six months, within which the person must become a member of the legislature.
According to the plea, Deepak Prakash was first inducted into the Bihar Cabinet on November 20, 2025, despite not being a member of either House of the state legislature. After the resignation of then Chief Minister Nitish Kumar on April 15 and the constitution of a new government headed by Chief Minister Samrat Choudhary, Prakash was reappointed as Panchayati Raj Minister on May 7.
The petitioner had contended that the reappointment could not be used to effectively grant Prakash another six-month period under Article 164(4), particularly when the same Legislative Assembly continued to exist.
Relying on the Supreme Court’s 2001 judgment in S.R. Chaudhuri versus State of Punjab, the plea contended that the constitutional exception under Article 164(4) is a one-time privilege and cannot be repeatedly invoked through resignation, change of ministry, Cabinet reshuffles or reappointment.
The plea argued that permitting repeated appointments of an unelected person to ministerial office would undermine parliamentary democracy, representative government, collective responsibility and electoral accountability.
The controversy intensified after Prakash was not among the NDA nominees for the vacant Bihar Legislative Council seats in the recent elections, despite continuing as Panchayati Raj Minister.
However, on July 31, BJP MLC Devesh Kumar resigned from his seat in the Bihar Legislative Council, creating a vacancy and paving the way for Deepak Prakash’s entry into the Upper House. He was subsequently nominated to the Bihar Legislative Council under the Governor’s quota and has since taken the oath as an MLC.
–IANS
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