- SC questions Bihar govt on Deepak Prakash's minister status.
- Minister continued over six months without being elected.
- CJI Surya Kant seeks explanation, matter listed August 4.
The Supreme Court on Thursday, while referring to Deepak Prakash, asked Bihar government how a state minister can continue to serve despite not being elected to either house after six months, mandatory time frame. While hearing a petition challenging Prakash's continuation as state minister, the top court asked the Bihar government to explain reasons behind his presence in the office.
CJI Seeks Explanation
Chief Justice of India (CJI) Surya Kant, upon hearing the argument, highlighted that his continuation as a minister was a question of law, further asking the state to provide an explanation. "This is a pure question of law. The State will have to explain how a minister is continuing for over six months without being elected," the CJI said.
The apex court later listed the matter for urgent hearing on August 4. The advocate appearing for the petitioner pointed out that Deepak Prakash is not a member of the Legislative Assembly or Legislative Council. He further stated that the six-month exemption granted to a non-MLA minister is a one-time-only option. However, he pointed out that Prakash resigned just before the limit to retake the oath soon after the new government was formed.
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Deepak Prakash's Case Explained
Prakash served as Minister of Panchayati Raj for four months and 26 days before then Bihar Chief Minister Nitish Kumar stepped down on April 15. He did not hold any ministerial post for the next 22 days; however, Prakash was sworn in as a minister again after a new government was formed under the leadership of Samrat Chaudhary on May 7.
What Does Rulebook Say?
As per the Article 164(4), a six-month grace period is granted for ministers to be elected when appointed by the prime minister or chief minister. "Any Minister who for any period of six consecutive months is not a member of the Legislature of the State shall, at the expiration of that period, cease to be a Minister," the rule states.
Deepak Prakash is the son of Rashtriya Lok Morcha (RLM) chief and former Union Minister Upendra Kushwaha and Snehlata Kushwaha.