'How is unelected minister continuing for over six months?' SC raps Bihar govt

Supreme Court questioned Bihar government over Panchayati Raj minister Deepak Prakash continuing in office beyond six months without being elected to the state legislature.

Article 164(4) of the Constitution allows a non-legislator to be a minister for a maximum of six consecutive months, after which they must get elected or cease to hold office.

Deepak Prakash was first inducted on November 20, 2025, and reappointed on May 7, 2026, after the government change, without being elected.

The petition argues that the six-month exemption is a one-time concession and cannot be reset by reappointment or change in government during the same Legislative Assembly.

The Supreme Court cited the 2001 S.R. Chaudhari v. State of Punjab judgment, which prohibits repeated use of Article 164(4) to bypass the requirement of being elected.