Deepak Prakash Set For Bihar Council Seat After Supreme Court’s Strong Criticism

The Bihar government has moved to address a constitutional issue surrounding minister Deepak Prakash’s continuation in office after the Supreme Court questioned how he remained a minister for more than six months without being elected to the state legislature. The development comes a day after the apex court sought an explanation from the state government on the matter. According to reports, the BJP is working to create a vacancy in the Bihar Legislative Council to enable Deepak Prakash to enter the House and continue as a minister.

BJP MLC Devesh Kumar is expected to resign from the Legislative Council, paving the way for Prakash’s election to the upper house of the Bihar legislature. The move is aimed at resolving the constitutional concern raised during the Supreme Court hearing. Under Article 164(4) of the Constitution, a person who is appointed as a minister but is not a member of the state legislature must become a member of either House within six months to continue holding office. During the hearing on Thursday, the Supreme Court questioned the Bihar government’s position regarding Prakash’s continuation as a minister beyond the six-month period.

Chief Justice of India Surya Kant observed that the matter involved a legal question and asked the state to explain the basis for allowing the minister to remain in office. "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," the Chief Justice remarked during the proceedings. The Supreme Court has listed the matter for further hearing on August 4. The court’s observations came while hearing a petition challenging Prakash’s continuation as a Bihar minister despite not being elected to either the Legislative Assembly or Legislative Council within the prescribed period.

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Prakash, a leader from BJP ally Rashtriya Lok Manch, had served as Bihar’s Minister of Panchayati Raj for four months and 26 days before Chief Minister Nitish Kumar stepped down on April 15, 2026, which ended his ministerial tenure at that time. Following political developments, he continued to remain part of discussions over ministerial appointment norms. The NDA government’s reported move to create a Legislative Council seat is intended to provide a constitutional route for Prakash’s continuation in office. By securing his election to the Council, the government aims to remove the legal issue that has been raised before the Supreme Court. The Bihar Legislative Council, being the upper house of the state legislature, allows ministers who are not directly elected to the Assembly to enter through the legislative process.

Several states with bicameral legislatures have appointed ministers through this route when required. The issue has brought renewed attention to constitutional provisions governing ministerial appointments and the importance of legislative membership. While the government has taken steps to address the matter, the Supreme Court’s final observations and directions will determine the outcome of the legal challenge. For now, the Bihar government’s focus remains on completing the process of electing Deepak Prakash to the Legislative Council. The upcoming hearing will decide how the court views the steps taken by the state government and whether any further action is required.

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