Bihar: Deepak Prakash nominated to Legislative Council amid constitutional row
Patna, Aug 5 (IANS) Deepak Prakash, son of Rashtriya Lok Morcha (RLM) president Upendra Kushwaha and Panchayati Raj Minister in the Bihar government, has become a member of the Bihar Legislative Council.
He was nominated to the Council under the Governor’s quota after Bharatiya Janata Party (BJP) leader Devesh Kumar vacated his MLC seat.
Following his son’s appointment, Upendra Kushwaha expressed gratitude to senior NDA leaders, including Prime Minister Narendra Modi and Bihar Chief Minister Samrat Choudhary. He said the NDA had found a solution and thanked the National President, the Prime Minister and the Chief Minister for their support.
Deepak Prakash’s appointment comes amid a constitutional controversy over his continuation as a minister without being a member of either House of the Bihar Legislature.
Under Article 164(4) of the Constitution, a person appointed as a minister without being a member of the state legislature can continue in office for a maximum of six months. Within this period, the person must become a member of either the Legislative Assembly or the Legislative Council.
Deepak Prakash was first sworn in as a minister in the Nitish Kumar-led government on November 20, 2025. His six-month period, therefore, expired in May 2026.
The controversy intensified after the formation of the new NDA government under Samrat Choudhary, with questions being raised over whether a minister could effectively receive a fresh six-month period by taking the oath again.
At the same time, the same Legislative Assembly remained in existence.
The Supreme Court has taken cognisance of the matter and issued notice to the Bihar government seeking its response.
A Public Interest Litigation filed before the court has alleged that administering the oath of office to the minister for a second time during the tenure of the same Assembly amounts to circumventing the constitutional limitation under Article 164(4).
The issue now hinges on whether the second oath can legally restart the six months prescribed by the Constitution, or whether the limitation applies continuously during the life of the existing Legislative Assembly.
For the time being, Deepak Prakash has become an MLC through nomination under the Governor’s quota. However, the constitutional questions raised in the Supreme Court petition remain pending, and the court’s eventual decision will determine the legal position surrounding his earlier ministerial tenure and reappointment.
–IANS
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