In a major political development in Bihar, Bharatiya Janata Party (BJP) leader Devesh Kumar has unexpectedly resigned from his position in the Bihar Legislative Council. Devesh Kumar arrived at the Legislative Council complex today and went directly to the chamber of the Legislative Council Chairman to tender his formal resignation. His term as a Member of the Legislative Council (MLC) was originally scheduled to run until March 2027. This sudden decision to vacate his seat before the end of his tenure is widely seen as a calculated political move aimed at enabling Deepak Prakash, the son of Upendra Kushwaha, to get elected to the Council and retain his ministerial berth in the state cabinet.
The Constitutional Mandate and Deepak Prakash's Cabinet Status
Deepak Prakash is currently serving as a minister in the Bihar government, but he does not hold membership in either house of the state legislature. Under the constitutional framework of India, an individual who assumes a ministerial office without being an elected legislator must secure a seat in either the Legislative Assembly or the Legislative Council within a mandatory period of six months. Despite more than six months having passed since his initial induction into the cabinet, Deepak Prakash has neither been elected as a Member of the Legislative Assembly (MLA) nor as an MLC. Consequently, his continuation in office had run into a significant constitutional bottleneck.
Supreme Court Challenge and Arguments in the Petition
The legality of Deepak Prakash continuing as a minister without holding legislative membership was formally challenged through a petition filed in the Supreme Court of India. The petition outlines the timeline of his tenure, pointing out that Deepak Prakash was first sworn in as a minister on November 20, 2025. Subsequently, following a political transition and the resignation of the government, he took oath as a minister for a second time on May 7, 2026. The petitioner argued before the apex court that taking a fresh oath after a government resignation cannot reset or restart the mandatory six-month constitutional clock, rendering his post-six-month ministerial tenure unconstitutional.
Supreme Court Notice and Rapid Political Realignment
The Supreme Court heard the matter yesterday and took note of the constitutional concerns raised in the petition. Seeking clarification on the issue, the apex court issued notices to the Bihar government, Deepak Prakash, and the Election Commission of India. The court specifically inquired how Deepak Prakash has remained in office beyond the six-month limit despite lacking membership in either house of the Bihar legislature. Just a day after the Supreme Court sought a response on the matter, BJP MLC Devesh Kumar stepped down from his post, effectively opening up a Legislative Council seat to ensure Deepak Prakash gets elected and saves his cabinet position.
