Now Reading: Bihar minister Deepak Prakash nominated as MLC, govt tells SC
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Bihar minister Deepak Prakash nominated as MLC, govt tells SC
The Bihar government told the Supreme Court on Friday that Minister Deepak Prakash has been nominated as a Member of the Legislative Council (MLC), curing his lack of legislative membership. A writ…
The Story in Brief
The Bihar government told the Supreme Court on Friday that Minister Deepak Prakash has been nominated as a Member of the Legislative Council (MLC), curing his lack of legislative membership. A writ petition by social activist Rakesh Kumar Singh seeks his removal, arguing that Prakash was appointed as Panchayat Raj Minister on November 20, 2025, without being a legislator, and that the six-month constitutional grace period under Article 164(4) expired on May 20, 2026.
The petitioner contends that his re-induction on May 7, 2026, after a change in chief minister, is a colourable exercise of power to reset the clock. Citing the Supreme Court’s judgment in S.R. Chaudhari v State of Punjab, the plea argues that the six-month exception is non-renewable during the same Legislative Assembly. The bench, led by Chief Justice Surya Kant, has asked for the nomination notification and adjourned the hearing.
The Indian Opinion
This case tests whether constitutional grace periods can be stretched through political manoeuvres. The government claims the MLC nomination has fixed the problem, but the petition rightly asks if Article 164(4) can be reset by a cabinet reshuffle or change of chief minister. Either way, the real test is whether the court will uphold the principle that unelected ministers must get elected within a single, non-renewable window. If it allows repeated extensions, parliamentary accountability takes a hit. If not, the Bihar government will have to explain its timing.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
