Why Is Bihar Minister Deepak Prakash Still in Cabinet Without Being an MLA or MLC? Supreme Court Seeks Answers

Patna: The Supreme Court has issued summons to the Election Commission of India (ECI), the Bihar government, and Bihar Panchayati Raj Minister Deepak Prakash over a petition challenging his continued appointment to the state cabinet despite not being a member of either House of the Bihar legislature.

A bench of Chief Justice of India Surya Kant and Justice V. Mohana directed the respondents to file responses to the plea. The petition challenges Prakash's reappointment and continued service as a minister despite neither being elected or nominated to either the Bihar Legislative Assembly or the Bihar Legislative Council. 

Minister’s Position Under Scrutiny

Deepak Prakash, the son of Rashtriya Lok Morcha (RLM) chief Upendra Kushwaha, serves as a minister in Bihar's NDA administration, led by Samrat Choudhary. Questions over his cabinet status arose when he was recently refused a seat in the Bihar Legislative Council. Political experts speculated that because he is not a member of either House of the state legislature, his continued appointment as minister may face legal challenges.

The developments come amid reports that the BJP had suggested merging the Rashtriya Lok Morcha with the party. Kushwaha, who is currently a Rajya Sabha MP, reportedly dismissed the proposal, preferring to keep his party's independent identity while remaining a member of the NDA alliance.

According to sources, a similar suggestion occurred when Deepak Prakash was first appointed to the Bihar government in November 2025. Although Kushwaha had previously rejected the merger concept, the BJP is alleged to have proceeded with Prakash's induction in the hope that future political developments would change the situation.

However, Kushwaha has remained staunchly opposed to any merger. Addressing party workers at a recent gathering, he stated that organizational interests were above personal or family issues.

What the Constitution Says

The Indian Constitution permits a minister to be appointed even if they are not already a member of Parliament or a state legislature. However, Article 75(5) of the Union government and Article 164(4) of states require such a person to become a member of the legislature within six consecutive months.

If the individual is not elected or nominated to a parliamentary House within that time period, they must resign as minister. Reappointment is only possible if they have become a member of the legislature. The clause is meant to keep ministers accountable to elected representatives.

The appeal before the Supreme Court contends that Deepak Prakash's continued appointment to the Bihar government despite not being a member of either parliamentary House poses constitutional concerns. Taking note of the situation, the Supreme Court has now requested responses from the ECI, the Bihar government, and the minister before moving forward.