Can a minister who is not an MLA or MLC hold cabinet berth for more than 6 months? WION Decodes
&imwidth=600&imheight=450&format=webp&quality=medium "Can a minister who is not an MLA or MLC hold cabinet berth for more than 6 months? WION Decodes")
Bihar legislative Assembly Photograph: (ANI)
Non-legislators can be appointed as ministers under Article 164, but they must become an MLA or MLC within six consecutive months of taking office.
The Supreme Court is hearing a petition against Bihar Panchayati Raj Minister Deepak Prakash for staying in the position for over six months despite not being a member of the state legislature. According to Article 164(4) of the Indian Constitution a non-legislators can be appointed as ministers but they must become an MLA or MLC within six consecutive months of taking office.
The petition also questions whether a non legislator can be reappointed as a minister without first getting elected. The court has asked the Bihar government to explain its stand.
So, what does Article 164(4) of the Constitution say about appointing a minister who is not an MLA or MLC?
Non-legislators can be appointed as ministers under Article 164, but they must become an MLA or MLC within six consecutive months of taking office.
If a minister fails to become a member of the state legislature for six consecutive months, they automatically cease to be a minister and have to vacate the position
The six month time allows the minister to win a by-election or enter the Legislative Council where applicable
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He or she can not remain in office indefinitely without being elected
In the Bihar case, the Supreme Court is examining whether Prakash's continuation in the capacity of Panchayati Raj minister beyond the stipulated six months under Article 164(4) is a violation of the constitution or not.
Why has Deepak Prakash's appointment been challenged in the Supreme Court?
The petition argues that a person who is not an MLA or MLC can not not hold office for more than six months. To remain in the position one has to become a member of the state legislature.
According to the petition, Deepak Prakash was appointed as Bihar's Panchayati Raj Minister on 20 November 2025 without being an MLA or MLC and his six-month period allegedly expired on 20 May 2026, but he continues to remain as the minister.
The petitioner argues in the Supreme Court that whether Article 164(4) permits successive appointments of the same unelected person as minister without first securing election to the legislature.
