Bihar Moves to Retain Minister Deepak Prakash After Supreme Court Questions Constitutional Validity

The Bihar government has initiated steps to ensure the continuation of Minister Deepak Prakash, who is also the son of Union Minister Upendra kushwaha, after the Supreme Court questioned how he had remained in office for more than six months without being elected to the state legislature.

To resolve the constitutional issue, the ruling NDA has decided to create a vacancy in the Bihar Legislative Council. BJP MLC Devesh Kumar is expected to resign, paving the way for Prakash to contest and secure a seat in the Upper House. 

The development follows sharp observations by the Supreme Court during a hearing on a petition challenging Prakash's continuation as a minister. Chief Justice of India Surya Kant remarked that the matter raises a "pure question of law" and said the Bihar government would have to explain how a minister could continue in office beyond the constitutionally permitted period without being elected. The case has been listed for hearing on August 4.

This case is of greater constitutional importance since it involves the interpretation of Article 164(4), where a person other than a legislator can hold office as a minister for only six months. The petitioners have raised an issue on whether the appointment of the minister or taking a new oath can make any difference to the constitutional time period.

Focus on Upendra Kushwaha's Role

Upendra Kushwaha's role in the unfolding events remains a subject of discussion. While he has not yet expressed any grievance against the NDA, his political journey has frequently seen shifts in alliances and major strategic decisions.

Political analysts believe that the BJP and the NDA might attempt to reshape political equations in Bihar by entrusting Kushwaha with a significant responsibility in central politics.

According to some reports, the MLC seat vacated by Nitish Kumar could be allocated to Deepak Prakash. There is also speculation that Upendra Kushwaha might be inducted into the Union Cabinet, thereby assuming a new role in the political landscape of Bihar.

Separately, there is talk that Upendra Kushwaha's wife might resign from her legislative seat, paving the way for Deepak Prakash to contest the election from that constituency. Nevertheless, the BJP's final strategy remains unclear.