Article 164(4) allows a non-member to remain minister for six months, subject to getting elected as a member within that period.

No more time

The counsel appearing for Rakesh Kumar Singh, a petitioner from Bihar, said that when the matter came up for hearing on July 15, the state had sought time, saying it wanted to file a counter-affidavit but had not done so so far.

“Seven months and 22 days have passed, and he is still continuing as the minister,” he said.

CJI Kant said that whether the state files a counter or not, the court will not give any more time. The court fixed the next hearing date for August 4.

What the petitioner says

Deepak Prakash, who is the son of Rashtriya Lok Morcha (RLM) leader Upendra Kushwaha, was made Minister of Panchayati Raj on November 20, 2025, in the then Nitish Kumar government, even though he was not a member of the Bihar Legislative Assembly or the Bihar Legislative Council.

However, after a fresh council of ministers was constituted following Kumar’s stepping down, and Samrat Choudhary became the chief minister, Prakash was once again made Panchayati Raj minister on May 7, 2026.

Singh, the petitioner, has argued that it was a one-time opportunity and cannot be utilised every time there is a change of government. He had to get re-elected between November 20, 2025, when he was first sworn in, and May 20, 2026, the plea pointed out.

Singh contends that the re-appointment was in circumvention of constitutional safeguards and undermines representative democracy. He argued that it undermines the principles of parliamentary democracy, representative government, collective responsibility and electoral accountability.

The plea urged the Supreme Court to declare Prakash’s reappointment and continuance in office unconstitutional, illegal, and void, and to restrain him from exercising the powers vested in the ministerial office.