New Delhi, Aug 7 The Bihar government on Friday told the Supreme Court that minister Deepak Prakash has been nominated as a member of the state legislative council and hence, he is not barred from continuing as a minister.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was told by Solicitor General Tushar Mehta, appearing for the Bihar government, that Prakash has taken the oath as a member of the Legislative Council (MLC).
The top court was hearing a plea seeking to remove Prakash from the post of minister on the ground that he had not become a member of either House – Vidhan Sabha or Vidhan Parishad (Legislative Council) – within six months of his appointment as a minister.
Mehta said that when the petition was filed, he was not a member of either House but now he has taken the oath as an MLC.
The bench asked Mehta to produce the notification of Prakash having taken the oath as an MLC.
It subsequently adjourned the hearing on the plea filed by activist Rakesh Kumar Singh.
On August 5, Prakash took the oath as a member of the Bihar Legislative Council. He was first inducted into the state cabinet in November last year when Nitish Kumar headed it.
A couple of months ago, he was re-inducted into the new cabinet headed by Samrat Choudhary.
On both occasions, he was neither a member of the Assembly nor the Legislative Council.
On July 31, the top court questioned the Bihar government on how it could retain a minister who has remained unelected beyond the six-month constitutional limit and asked the state to explain its position.
Under Article 164 (4) of the Constitution, a minister who, for a period of six consecutive months, is not a member of the legislature of the state, shall on the expiration of that period cease to be a minister.
On June 15, the top court sought a response from the Bihar government on the plea challenging the re-appointment of Prakash as a minister in the state.
The plea contended that Prakash was inducted into the Bihar cabinet led by the then chief minister Nitish Kumar on November 20, 2025 despite not being a member of either the Bihar Legislative Assembly or the Legislative Council.
The plea has referred to Article 164 (4) of the Constitution and sought Prakash's removal from the council of ministers of the state.
