New Delhi: The Supreme Court on Thursday said the Bihar govt will have to explain how panchayati raj minister Deepak Prakash has continued in office for more than six months without becoming a member of either House of the state legislature.Mentioning the matter before Chief Justice of India (CJI) Surya Kant, the petitioner’s counsel submitted that more than six months had elapsed and Deepak Prakash continued to hold ministerial office despite not being elected to the Bihar assembly or the legislative council.The counsel appearing for the Bihar govt informed the CJI-led bench that the matter was already listed for hearing in Aug and left the question of preponing the hearing to the discretion of the apex court.The CJI observed that the matter involves a pure question of law and said the state govt would have to explain the constitutional basis for allowing a person who is not a member of the legislative assembly or legislative council to continue as a minister beyond six months.The Supreme Court indicated that it would take up the plea for hearing on Tuesday.The petition concerns the constitutional validity of Deepak Prakash’s continuance as panchayati raj minister despite not being a member of either House of the state legislature.Earlier, the top court had issued notice on a PIL filed by social activist and whistleblower Rakesh Kumar Singh challenging Deepak Prakash’s reappointment as minister after the formation of the new govt in Bihar.The plea raises an important constitutional question relating to Article 164(4) of the Constitution, which permits a non-legislator to serve as a minister for a maximum period of six months, within which the person must become a member of the legislature.According to the petition, Deepak Prakash was first inducted into the Bihar cabinet on Nov 20, 2025, despite not being a member of either House of the state legislature.Following the resignation of then CM Nitish Kumar on April 15, the council of ministers ceased to exist. Deepak was subsequently reappointed as panchayati raj minister on May 7 in the newly constituted govt headed by CM Samrat Choudhary, even though he had still not secured membership of either House.
