Supreme Court Petition Challenges Reappointment of Bihar Minister Deepak Prakash Beyond Constitutional Six-Month Limit

June 6, 2026 : A writ petition has been filed before the Supreme Court challenging the reappointment of Bihar Panchayati Raj Minister Deepak Prakash, alleging that his continuation in office violates the constitutional limit prescribed for ministers who are not members of the State Legislature.

The petition, filed by social activist Rakesh Kumar Singh, argues that Article 164(4) of the Constitution allows a non-legislator to serve as a minister for a maximum period of six consecutive months. During this period, the individual must secure election or nomination to either House of the State Legislature. The petitioner contends that this provision is a one-time constitutional exception and cannot be extended through reappointment following a change in government.

According to the plea, Deepak Prakash was first inducted into the Council of Ministers on November 20, 2025, under the government led by former Chief Minister Nitish Kumar, despite not being a member of either House of the Bihar Legislature. Following the collapse of that government on April 15, 2026, the Council of Ministers stood dissolved.

The petition states that Prakash was again sworn in as a minister on May 7, 2026, in the new government headed by Chief Minister Samrat Choudhary. However, the petitioner argues that the six-month period available under Article 164(4), calculated from his initial appointment on November 20, 2025, expired on May 20, 2026, rendering his continuation in office unconstitutional.

The plea alleges that the fresh appointment was a colourable exercise of constitutional power designed to indirectly extend the six-month grace period granted to non-legislators. It argues that such a practice undermines the constitutional framework governing ministerial appointments and legislative accountability.

Relying on the Supreme Court’s judgment in S.R. Chaudhuri v. State of Punjab, the petitioner submits that the six-month exemption under Article 164(4) is neither renewable nor revivable during the tenure of the same Legislative Assembly. The petition contends that constitutional limitations cannot be bypassed through resignation, cabinet reshuffles, dissolution of a ministry, change of Chief Minister, or reappointment to ministerial office.

The petitioner further argues that allowing repeated appointments of unelected individuals as ministers would weaken the principles of parliamentary democracy, representative government, collective responsibility, and electoral accountability, which form part of the Constitution’s basic structure.

Seeking judicial intervention, the petition requests the Supreme Court to issue a writ of quo warranto directing Deepak Prakash to disclose the constitutional authority under which he continues to hold ministerial office. It also seeks a declaration that his reappointment is unconstitutional, illegal, and void.

The plea alleges violations of Articles 14, 164(2), 164(4), and 141 of the Constitution, while invoking the doctrines of constitutional morality, rule of law, and responsible government. The petitioner has urged the Supreme Court to examine the legality of the reappointment and enforce the constitutional limits governing the tenure of ministers who are not members of the legislature.