New Delhi/Patna: The Supreme Court has sought an explanation from the Bihar government over the continuation of Panchayati Raj Minister Deepak Prakash in office beyond the constitutional six-month limit for ministers who are not members of the state legislature.
Hearing the matter on Thursday, a bench led by Justice Surya Kant asked the state to explain how Deepak Prakash could continue as a minister despite not becoming a member of either the Bihar Legislative Assembly or the Legislative Council within the period prescribed by the Constitution.
Court Seeks Constitutional Justification
The bench observed that the issue concerns constitutional provisions rather than political considerations, and said the state government must justify the legal basis for allowing a non-legislator to remain in the cabinet beyond the permitted period.
Counsel appearing for the Bihar government informed the court that the matter would next be heard on August 27 and assured the bench that any directions issued by the court would be complied with.
Appointed Without Being A Legislator
Deepak Prakash, son of Rashtriya Lok Morcha (RLM) chief Upendra Kushwaha, was inducted into the Nitish Kumar cabinet as Panchayati Raj minister despite not being an MLA or an MLC.
Although the RLM had four MLAs in the Assembly, the ministerial berth went to Deepak Prakash.
Following the reconstitution of the Bihar cabinet, he was reappointed to the same portfolio. Despite taking oath as minister twice, he has not become a member of either House of the state legislature.
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Constitutional Deadline Under Scrutiny
Article 164(4) of the Constitution allows a person who is not a member of the legislature to serve as a minister for a maximum of six consecutive months. To continue beyond that period, the individual must become a member of either the Legislative Assembly or the Legislative Council.
The petition before the Supreme Court argues that the constitutional deadline has expired in Deepak Prakash’s case, raising questions over the legality of his continuation in office.
The court’s hearing on August 27 is expected to determine whether he can continue as Panchayati Raj minister or will have to vacate the post.
