Supreme Court Seeks Response from Bihar Government on Minister's Legality

The Supreme Court has called for responses from the Bihar government and Election Commission regarding the legality of Minister Deepak Prakash's position in the cabinet. This inquiry follows a petition questioning his appointment, as he is not a member of the Bihar Legislative Assembly or Council. Political tensions have risen after Prakash's exclusion from the Legislative Council, raising concerns about his ministerial tenure. The situation is further complicated by reports of a proposed merger of his party with the BJP, which was rejected by his father, Upendra Kushwaha. The article delves into the implications of these developments on Bihar's political landscape.

By Narendra Chaudhary Jun 15, 2026, 15:30 IST

Supreme Court's Inquiry into Ministerial Appointment

The Supreme Court has requested responses from the Election Commission of India, the Bihar government, and Bihar's Panchayati Raj Minister Deepak Prakash. This request arises from a petition challenging Prakash's continued presence in the state cabinet despite not being a member of either the Bihar Legislative Assembly or the Legislative Council. A bench led by Chief Justice D.Y. Chandrachud and Justice V. Mohan has issued notices to the involved parties, asking them to submit their replies regarding the petition. The legal validity of Prakash's reappointment as a minister and his retention in office is under scrutiny, given that he has neither been elected nor nominated to the Bihar Assembly or Council.

Political Context Surrounding Deepak Prakash

Deepak Prakash, son of National Lok Morcha leader Upendra Kushwaha, is part of the NDA government in Bihar led by Samrat Chaudhary. Following his exclusion from the Bihar Legislative Council, questions have arisen about his position in the cabinet. This situation has emerged amid reports suggesting that the BJP proposed merging the National Lok Morcha into its party. However, Kushwaha, a member of the Rajya Sabha, rejected this proposal, opting to maintain his party's distinct identity while remaining an NDA ally.

Speculations on Ministerial Tenure

With Prakash not securing a seat in the Legislative Council, political speculation has intensified regarding the potential loss of his ministerial position, as he is not a member of any legislative house. Sources indicate that similar merger discussions occurred when Prakash was first inducted into the Bihar cabinet in November 2025. At that time, Kushwaha dismissed the suggestion, yet the BJP proceeded to include Prakash in the ministry, hoping for a different decision in light of changing political dynamics.

Kushwaha's Stance on Party Merger

Kushwaha has consistently opposed the merger. During a party event, he emphasized to party workers that the organization's interests outweigh personal or familial interests, clarifying his position. According to the Indian Constitution, an individual can be appointed as a minister even if they are not a member of either house of Parliament or the state legislature. However, Articles 75(5) for the center and 164(4) for states stipulate that such a minister can only remain in office for six months without being elected or nominated to a legislative house.

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