Bihar Governor Nominates Minister Deepak Prakash As An MLC; Signals State Govt Move To Address Supreme Court Query On His Continuance
The notification added that Deepak would fill the vacancy arising out of the resignation of MLC Devesh Kumar on July 31.
By Dev Raj
Published : August 5, 2026 at 10:38 PM IST
Patna: Bihar Governor Lieutenant General (Retd) Syed Ata Hasnain nominated Panchayati Raj Minister Deepak Prakash as a Member of Legislative Council (MLC) on Wednesday.
"In exercise of power conferred by sub-clause (e) of clause (3) and clause (5) of Article 171 of the Constitution of India, the Governor of Bihar is pleased to nominate… Deepak Prakash…," a notification by additional secretary – cum – additional chief electoral officer of Bihar published in the Bihar Gazette (extraordinary) said.
The notification added that Deepak would fill the vacancy arising out of the resignation of MLC Devesh Kumar on July 31. Deepak’s nomination comes in the wake of the Supreme Court asking the state government on July 30 to explain how Deepak continues to be a cabinet member for over six months without being a member of the legislature.
A division bench led by Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana posed the question while hearing a petition challenging the continuance of the minister for more than six months without being a member of any of the Houses of the bicameral state legislature.
"This is a pure question of law. The state will have to explain how a minister is continuing for over six months without being elected," Surya Kant remarked before listing the case to be heard later in August.
Alerted by the CJI’s remark, Bihar Chief Minister Samrat Choudhary-led National Democratic Alliance (NDA) government ensured the resignation of Bharatiya Janata Party (BJP) MLC Devesh to address the constitutional issue and circumvent the lurking danger of the displeasure or adverse order by the apex court.
Deepak is the son of Rashtriya Lok Morcha (RLM) president and Rajya Sabha member Upendra Kushwaha. The party is a part of the National Democratic Alliance (NDA) in Bihar.
Incidentally, Deepak first became a minister in previous chief minister Nitish Kumar’s last cabinet, following the landslide win of the NDA in the November 2025 Assembly elections. He was sworn-in on November 20 last year and served till April 14 this year - the day Nitish stepped down and led to the dissolution of the cabinet.
Samrat took oath as the chief minister on April 15 along with two deputy chief ministers – Vijay Kumar Choudhary and Bijendra Prasad Yadav. However, the cabinet was expanded on May 7, after the West Bengal Assembly polls concluded, and Deepak again became a minister after a gap of 22 days.
Meanwhile, Bihar-based social activist Rakesh Kumar Singh filed a Public Interest Litigation (PIL) in the Supreme Court on May 30 arguing that Deepak’s continuance as a minister was a fraud upon the Constitution, and sought its cancellation, because he was inducted into the cabinet for the second time, violating the provisions of the Constitution.
A state cabinet minister must be a member of the state legislature. If he is not, then Article 164(4) of the Constitution grants him a grace period of six months, requiring him to get elected to the legislature within six consecutive months. If he fails, he automatically ceases to be a minister at the expiration of the period.
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