Supreme Court Questions Bihar Over Retention of Unelected Minister
Yesterday, a three-judge bench asked the state government to explain how it retained Deepak Prakash as Panchayati Raj Minister beyond the six-month constitutional limit without being elected.
The Supreme Court of India is scrutinizing the appointment of a minister in Bihar who is not an elected member of the state legislature. The court's inquiry, framed by the question "How are you keeping unelected minister?", signals a constitutional examination of the provisions allowing non-legislators to serve in the council of ministers. This legal challenge addresses the validity and duration of such appointments under the Indian Constitution.
The Supreme Court on Thursday questioned how the Bihar government could retain a minister who has remained unelected beyond the six-month constitutional limit, asking the state to explain its position. A three-judge bench presided over by Chief Justice of India Surya Kant was hearing a request to fix a date for a plea challenging the appointment of Deepak Prakash as Panchayati Raj Minister for a second time without his having been elected to the state legislature (Indian Express).
“It is a pure legal issue. How are you retaining a minister beyond 6 months when he is not elected?” CJI Kant asked the counsel appearing for the Bihar Government (Indian Express). Article 164(4) of the Constitution permits a non-member to serve as a minister for six months, provided they secure election to the legislature within that period (Indian Express).
The petitioner, Rakesh Kumar Singh, argued that Prakash was first sworn in on November 20, 2025, in the then Nitish Kumar government despite not being a member of the Bihar Legislative Assembly or the Legislative Council (Indian Express). After a new council of ministers was formed following Kumar’s departure and Samrat Choudhary’s elevation as Chief Minister, Prakash was reappointed to the same portfolio on May 7, 2026 (Indian Express). Singh contended that the constitutional provision offers a one-time opportunity that cannot be reset with every change of government, and that Prakash was required to get elected between November 20, 2025, and May 20, 2026 (Indian Express).
During the hearing, counsel for Singh noted that the state had sought time on July 15 to file a counter-affidavit but had not done so. “Seven months and 22 days have passed, and he is still continuing as the minister,” he said (Indian Express). CJI Kant responded that the court would not grant further time regardless of whether a counter-affidavit is filed, and fixed the next hearing for August 4 (Indian Express).
The plea argues that the reappointment circumvents constitutional safeguards and undermines representative democracy, parliamentary accountability, and collective responsibility (Indian Express). It seeks a declaration that Prakash’s reappointment and continuance in office are unconstitutional, illegal, and void, along with a restraint on his exercise of ministerial powers (Indian Express).
Indian Express