SC Questions Bihar Govt on Deepak Prakash's Tenure

The Supreme Court has questioned the Bihar government over the constitutional validity of Deepak Prakash's tenure as a minister beyond six months as a non-legislator.

The apex court's query comes after a petition was filed challenging Prakash's reappointment as minister. The petitioner, Rakesh Kumar Singh, alleged that Prakash's continuation as minister amounts to a 'fraud upon the Constitution' since he has not been elected to either House of the state legislature within the constitutionally mandated period.

A Bench headed by Chief Justice of India Surya Kant referred to Article 164(4) of the Constitution, which permits a person who is not a member of the legislature to serve as a minister for only six months unless elected within that period. The court noted that more than seven months and 22 days had elapsed since Prakash first took oath as minister, and he continued to hold office without being elected.

The Bihar government has been directed to file its counter affidavit in the matter, which is listed for hearing on August 4. Meanwhile, BJP MLC Devesh Kumar resigned from the Bihar Legislative Council, sparking speculation that the move could facilitate Deepak Prakash's election to the Legislative Council, enabling him to retain his ministerial berth.

However, Deepak Prakash declined to comment on the matter, saying that the issue was pending before the Supreme Court and all relevant facts would be placed before the bench. The BJP leader's continuance in office has been a subject of controversy, with the opposition alleging that his appointment is unconstitutional.

The Bihar government had sought time to file its counter affidavit on July 15 but failed to do so. The petition challenging Prakash's appointment was filed on May 30. Prakash was first inducted into the Bihar Cabinet on November 20, 2025, under then Chief Minister Nitish Kumar, and was reappointed on May 7, 2026, after Samrat Choudhary assumed office as Chief Minister.

The development has significant implications for the Bihar government, which is already facing criticism over the appointment of non-legislators as ministers. The Supreme Court's decision in the matter is expected to have far-reaching consequences for the state's politics.

In the context of Bihar's political landscape, the controversy surrounding Deepak Prakash's appointment is not an isolated incident. The state has seen several instances of non-legislators being appointed as ministers, which has raised questions about the constitutional validity of such appointments.

The Supreme Court's intervention in the matter is seen as a significant development, as it is expected to clarify the constitutional position on the appointment of non-legislators as ministers. The court's decision is likely to have implications for other states as well, where similar appointments have been made.

The controversy surrounding Deepak Prakash's appointment has also sparked a debate about the role of the judiciary in ensuring that the constitutional provisions are upheld. The Supreme Court's decision in the matter is expected to be closely watched, as it will have significant implications for the country's democratic institutions.

In conclusion, the Supreme Court's query on the Bihar government over Deepak Prakash's tenure as a minister has significant implications for the state's politics and the country's democratic institutions. The court's decision in the matter is expected to clarify the constitutional position on the appointment of non-legislators as ministers and will have far-reaching consequences for the state and the country.