Supreme Court seeks Bihar minister's record of appointment & nomination as MLC
The Supreme Court of India has requested records from the Bihar government regarding the appointment and subsequent nomination of Deepak Prakash as an MLC. The court is examining whether his re-induction into the cabinet violates constitutional deadlines for non-legislator ministers.
Why it matters
This case tests the limits of constitutional provisions regarding ministerial appointments and the accountability of political executives to the electorate.
NEW DELHI: The Supreme Court on Friday sought records from the Bihar government relating to the appointment of Deepak Prakash, who was not a member of the assembly, as a minister in Nov last year, his re-induction into the cabinet in May and his recent hurried nomination as an MLC allegedly to skirt around the six-month deadline within which such a minister must get elected to the House.A PIL has challenged his continuance as minister after the expiry of the six-month deadline within which a person, who is not a member of the assembly or legislative council, must get elected as a member of either house.Solicitor general Tushar Mehta, for the Bihar government, told a bench of Chief Justice Surya Kant, Justices Joymalya Bagchi, and V Mohana that the minister has since been nominated as an MLC by the governor; hence, his continuance was not unconstitutional.However, the petitioner, relying on…
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