The Supreme Court of India has initiated a review of a public interest litigation (PIL) challenging the reappointment of Deepak Prakash as Bihar’s Minister of Panchayati Raj, despite his status as an unelected non-legislator. This case, Rakesh Kumar Singh v. State of Bihar, questions the constitutionality of Prakash’s ministerial role.
Legal Proceedings and Bench Involvement
A vacation bench led by Chief Justice of India Surya Kant, alongside Justice V Mohana, issued a notice regarding the PIL. The matter was subsequently adjourned as Senior Advocate Vikas Singh, representing the petitioner, was unavailable for the hearing.
Background of the Ministerial Appointment
Deepak Prakash was initially appointed as Minister of Panchayati Raj on November 20, 2025, under the leadership of Nitish Kumar. Despite not being a member of either the Bihar Legislative Assembly or the Bihar Legislative Council, he assumed ministerial duties. Article 164(4) of the Indian Constitution mandates that a minister without legislative membership must secure such status within six months, which in Prakash’s case would have expired on May 19, 2026.
During his tenure, Prakash exercised executive and administrative authority, participating actively in the governance of the state. However, he did not secure election or nomination to either legislative house, functioning for nearly five months in this capacity.
Political Developments and Reappointment
Following the resignation of the Nitish Kumar cabinet, Samrat Choudhary assumed the role of Bihar’s 24th Chief Minister on April 15, 2026, leading to Prakash’s temporary departure from the Council of Ministers. This created a gap of approximately 22 days during which Prakash held no official position.
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On May 7, 2026, Prakash was reappointed as Minister of Panchayati Raj in the newly expanded Council of Ministers, despite remaining an unelected non-legislator. At this point, only about 1 month and 4 days remained of the original six-month period stipulated by Article 164(4).
Petitioner’s Argument and Constitutional Implications
The petitioner argues that the reappointment was an artificial manipulation to extend Prakash’s ministerial tenure beyond constitutional limits. By interrupting and reappointing Prakash within the same legislative assembly’s tenure, the authorities allegedly engaged in a colorable exercise of power, circumventing the intent of Article 164(4).
The PIL references the Supreme Court’s decision in SR Chaudhuri v. State of Punjab, which underscores the non-renewable nature of the six-month period for an unelected minister. The court emphasized that any attempt to extend this period through political maneuvering is a constitutional fraud.
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The petition seeks a declaration that Prakash’s reappointment on May 7, 2026, is unconstitutional and violates Supreme Court jurisprudence as per Article 141 of the Constitution. Filed by Rakesh Kumar Singh through Advocate Sanya Kaushal, the PIL calls for the reappointment to be declared void ab initio.
