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The Supreme Court on Monday issued notice to the Bihar Government, the Election Commission of India (ECI), and Bihar Panchayati Raj Minister Deepak Prakash on a plea challenging his reappointment and continuance in office despite not being a member of either the Legislative Assembly or the Legislative Council.
A bench of the Chief Justice of India, Surya Kant and Justice V Mohan has sought responses on a petition filed by one Rakesh Kumar Singh. The petition submits that Deepak Prakash was first appointed as a minister on November 20, 2025, and, under Article 164(4) of the Constitution, was required to secure membership of the State Legislature within six months, failing which he would cease to hold office on May 20, 2026. It contends that instead of complying with this constitutional mandate, he was reappointed as a minister to effectively restart the six-month period. According to the petitioner, Article 164(4) provides only a one-time constitutional exception permitting a non-legislator to serve as a minister for a maximum period of six months. Any reappointment without first becoming a member of the Legislature, the plea argues, defeats the object of the provision and amounts to an unconstitutional extension of tenure beyond the permissible six-month limit. During the hearing, CJI Surya Kant sought to ascertain the factual position and asked the petitioner, "Is the Minister still holding the office of Minister?" The petitioner replied, "Yes, he continues to hold the ministerial post." The matter will now proceed after the Bihar Government, the ECI and Deepak Prakash file their responses to the petition. (ANI)
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