SC questions Bihar govt on unelected minister continuing beyond six-month limit
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has questioned the Bihar government over the continuation of Panchayati Raj minister Deepak Prakash, who has been in office for over six months without being elected to the state legislature. The court seeks an explanation under Article 164(4) of the Constitution, which allows a non-legislator to be a minister for only six consecutive months. The matter raises a pure question of constitutional law.
Background
Article 164(4) of the Constitution permits a person who is not a member of the state legislature to be appointed as a minister for a maximum of six consecutive months. The minister must get elected to either House of the state legislature within that period, failing which they must cease to hold office. The Supreme Court's 2001 judgment in S.R. Chaudhari v. State of Punjab held that this provision cannot be used repeatedly to appoint a non-legislator as minister without securing election.
Key facts
The Supreme Court questioned the Bihar government on the continuation of Panchayati Raj minister Deepak Prakash beyond six months without being elected to the state legislature.
The matter was mentioned before a Bench headed by Chief Justice of India Surya Kant.
Article 164(4) allows a non-legislator to be a minister for a maximum of six consecutive months, after which they must get elected to the state legislature or cease to hold office.
Deepak Prakash was first inducted into the Bihar cabinet on November 20, 2025, despite not being a member of the Legislative Assembly or Council.
After the Nitish Kumar government fell on April 15, 2026, Prakash was reappointed in the new government headed by CM Samrat Choudhary on May 7, 2026.
The petitioner argues that the six-month exemption under Article 164(4) is a one-time concession that cannot be reset through reappointment, cabinet reshuffle, or change in government during the same Legislative Assembly tenure.
The plea relies on the Supreme Court's 2001 judgment in S.R. Chaudhari v. State of Punjab, which prohibits repeated appointment of a non-legislator as minister without securing election.
Prelims pointers
- Article 164(4) of the Constitution
- S.R. Chaudhari v. State of Punjab (2001) Supreme Court judgment
- Chief Justice of India Surya Kant
- Bihar Panchayati Raj minister Deepak Prakash
- Nitish Kumar government fell on April 15, 2026
- Samrat Choudhary became CM on May 7, 2026
Mains angles
- Discuss the constitutional provisions regarding appointment of non-legislators as ministers under Article 164(4).
- Critically examine the Supreme Court's interpretation of Article 164(4) in S.R. Chaudhari v. State of Punjab.
- Analyze the implications of reappointing a non-legislator as minister after a change in government on the same Legislative Assembly.