How is unelected minister continuing office? SC blasts Bihar government
What's the story
The Supreme Court has raised questions on the legality of Bihar Panchayati Raj Minister Deepak Prakash's continuance in office without being elected. Chief Justice of India Surya Kant asked, "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." This comes after a public interest litigation was filed by Rakesh Kumar Singh challenging Prakash's reappointment on May 7.
Legal challenge
Petition challenges minister's reappointment under Article 164(4)
The petition challenges Prakash's reappointment on May 7, claiming it to be contrary to the Constitution's Article 164(4), which allows a non-legislator to be appointed as a minister for six months.
Singh contends that this period has been exceeded in Prakash's case.
Prakash was first appointed as Minister of Panchayati Raj in November 2025 under then-Chief Minister Nitish Kumar. He served for four months and 26 days before the government changed on April 15, 2026.
Ministerial tenure
Minister's term details
After a gap of 22 days, he was reappointed by new Chief Minister Samrat Choudhary on May 7 without being elected to the legislature.
This has led to legal questions over his continuance in office, as Prakash has now held office for more than six months in aggregate without being elected.
"The matter was also listed yesterday but could not reach. Seven months, 22 days have passed and he is still continuing as the Minister," his counsel argued.
Upcoming hearing
Supreme Court to hear matter on Tuesday
The Supreme Court will hear the matter on Tuesday.
Ministers appointed by the Prime Minister or Chief Minister are given a six-month grace period to be elected under Article 164(4).
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."
This means a minister must quit office if not elected within a period of six months.