March 28, 2026

Nitish Kumar Faces Deadline to Resign from Bihar Legislative Council After Rajya Sabha Victory

Nitish Kumar Faces Deadline to Resign from Bihar Legislative Council After Rajya Sabha Victory

Bihar’s Chief Minister Nitish Kumar is navigating through a time-sensitive political landscape following his recent election to the Rajya Sabha. According to Prem Kumar, the Speaker of the Bihar Assembly, Kumar has until March 30 to resign from the Bihar Legislative Council. This requirement stems from the Prohibition of Simultaneous Membership Rules established in 1950, which mandates that individuals elected to both Parliament and a state legislature must resign from one within 14 days to avoid automatic termination of their parliamentary membership.

Kumar secured his position in the Rajya Sabha on March 16, marking a significant moment as it is his first term in the upper house of Parliament. His tenure in the Bihar Legislative Council, which is his fourth consecutive term, is slated to conclude in 2030. This latest political development comes after Kumar assumed the chief ministerial role for the tenth time in November following the state Assembly elections, reaffirming his prominent position in Bihar’s political arena.

Sanjay Kumar Jha, a leader from the Janata Dal (United), assured the public that Kumar is committed to adhering to constitutional protocols, confirming that the Chief Minister will resign from the Council in a timely manner. This assurance is crucial as it reinforces Kumar’s adherence to the democratic process, which is vital in maintaining the integrity of his office.

Additionally, Speaker Kumar highlighted a crucial provision in Article 164(4) of the Indian Constitution, which allows a person to serve as the chief minister for up to six months without being a member of the state legislature. This provision grants Kumar a temporary buffer, giving him the opportunity to either contest in the Assembly elections or secure membership in the Legislative Council within this timeframe. “Yes, there is also provision to continue as the chief minister for up to six months, and after that he has to either go for the Assembly election or become a member of the [Legislative] Council,” the Speaker stated.

As Bihar continues to be a pivotal state in Indian politics, Kumar’s next steps will be closely monitored not just by his supporters but also by his political opponents. His ability to navigate this situation may set the tone for his future political endeavors and influence the dynamics of governance in the state. The resolution of this matter will be significant not only for Kumar but also for the stability of the ruling coalition in Bihar.

Prashant Dubey

District Reporter

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