The Supreme Court has issued notice on a petition challenging the continuance of Bihar Panchayati Raj Minister Deepak Prakash in the State Cabinet despite not being a member of either House of the Bihar Legislature. The plea questions the legality of his reappointment after he ceased to hold office upon the expiry of the six-month period permitted under Article 164(4) of the Constitution.

The petition contends that while Article 164(4) permits a non-legislator to be appointed as a minister for a period of six months, the constitutional provision does not permit repeated appointments without the individual first securing election or nomination to the Legislature. According to the petitioner, allowing successive appointments would defeat the constitutional requirement that ministers remain accountable to the elected legislature.

Read at- PIL in Supreme Court Questions Reappointment of Bihar Minister Without Legislative Membership

Deepak Prakash was inducted into the Bihar Council of Ministers in November 2025 despite not being an MLA or MLC. After the expiry of the six-month constitutional window, he ceased to hold office but was subsequently reappointed as Panchayati Raj Minister in the government headed by Chief Minister Samrat Choudhary, giving rise to the present challenge.

The plea relies on the Constitution Bench decision in S.R. Chaudhuri v. State of Punjab, (2001) 7 SCC 126, wherein the Supreme Court held that a person who fails to become a member of the legislature within the prescribed six months cannot be repeatedly appointed as a minister without first obtaining legislative membership. The petitioner argues that the reappointment is contrary to the constitutional scheme and amounts to an indirect circumvention of Article 164(4).

Taking note of the submissions, the Bench of Chief Justice Surya Kant and Justice V Mohana issued notice to the Election Commission of India, the Bihar Government and the concerned minister. The matter is likely to examine the scope of Article 164(4) and whether a non-legislator who has already exhausted the six-month period can be reappointed to ministerial office without becoming a member of the State Legislature.