Plea against Kushwaha’s son continuing as Bihar minister, SC issues notices

India's Supreme Court has issued notices seeking responses from the Election Commission of India and Bihar's panchayati raj minister, Deepak Prakash, concerning a petition that challenges his continuation in office. The plea argues that Prakash should not remain a minister as he has not been elected to either house of the state legislature.

A bench led by Chief Justice of India Surya Kant and Justice V Mohana issued the notice on a plea filed by a Bihar resident, Rakesh Kumar Singh. The petition challenges Prakash's reappointment on May 7, 2026, and his continued service under Article 164(4) of the Constitution. This article permits a non-legislator to be appointed minister for six months, but they must secure election within that period or cease to hold office.

The petitioner contends that Prakash's reappointment, following a brief gap after the formation of a new government, constitutes a deliberate circumvention of constitutional provisions. The plea asserts that such practices undermine representative democracy by allowing individuals to hold ministerial positions without electoral mandates. The Supreme Court has previously ruled against using resignation and reappointment as a tactic to bypass this constitutional requirement.

The case is scheduled for further hearing on July 15. The petitioner seeks declarations that Prakash's reappointment and continued tenure are unconstitutional and illegal, and requests directions to restrain him from exercising his ministerial powers.