Can a Non-MLA Continue as a Minister? Supreme Court Examines Bihar Minister Deepak Prakash’s Re-Appointment

The Supreme Court issued a notice to the Bihar government regarding a petition challenging the appointment of Deepak Prakash as the Bihar Panchayati Raj Minister on 15th June 2026. The petition was filed against Deepak Prakash and the Election Commission.

The petition states that under Article 164(4) of the Indian Constitution, if a person is not a member of the Legislative Assembly or the Legislative Council, they cannot hold the post of Minister for more than six months. If they does not become a member within this time period then they should step down from this post.

The petition alleges that Deepak Prakash has been reappointed as a minister without facing an election, even after the completion of the six-month term and It further contends that Article 164(4) of the Indian Constitution is violated by these actions.

During the hearings so far, the Supreme Court has not pronounced any final observations on the matter. Instead of this the Supreme Court has sought brief responses from all concerned parties and directed them to present their arguments at the next hearing.

Will it be considered a significant matter that a Minister who is not a legislator is being reappointed after the expiry of the six-month period, without having become a member of the House? The decision to be taken in the near future could potentially establish a constitutional precedent.

– Team Lawyer Talks

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