Nitish Kumar can stay Bihar CM for six months after Rajya Sabha election, says minister

Nitish Kumar

• Nitish Kumar may stay Bihar CM for six months after Rajya Sabha win
• Samrat Choudhary may succeed Nitish Kumar
• Nitish's Samriddhi Yatra ends phase 4, resumes March 23

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Bihar Rural Development Minister Sharwan Kumar on Friday indicated that Chief Minister Nitish Kumar may continue in office for up to six months even after being elected to the Rajya Sabha, a development that comes amid growing political chatter over his possible successor.

His remarks arrive at a time when leaders of the Bharatiya Janata Party (BJP) in the state are reportedly waiting for clarity on who will take over the top post. The speculation has intensified following Nitish Kumar’s recent election to the Upper House of Parliament.

Explaining the constitutional position, Sharwan Kumar said that there is a defined time frame within which a leader must relinquish membership of a state legislature after entering Parliament.

“One has to resign within 14 days as member of either House of the State legislature [after being elected as an MP]. He can resign within the stipulated time frame but can remain the Chief Minister of Bihar for the next six months as per provisions of the Constitution.”

He further clarified that Nitish Kumar would step down from his current membership in the Bihar Legislative Council within that 14-day window.

The legal framework governing such situations is rooted in the Prohibition of Simultaneous Membership Rules, 1950, framed under Article 101 of the Constitution. These rules prevent an individual from holding seats in both Parliament and a state legislature at the same time. If a person fails to vacate their state seat within the prescribed 14 days, their parliamentary position becomes invalid.

At the same time, Article 164(4) provides flexibility by allowing a person to serve as Chief Minister or minister for a period of six months without being a member of the state legislature. This clause is what enables Nitish Kumar to potentially remain in office temporarily even after transitioning to Parliament.

When asked about the possibility of Deputy Chief Minister Samrat Choudhary emerging as the next Chief Minister, Sharwan Kumar refrained from confirming any names. “I have heard his name the same way you have heard it. I must tell you that big leaders will take the decision.”

He also suggested that media discussions may not fully reflect the final outcome. “There is less truth in what you see in the media. The decision taken by big leaders once they sit together finally turns out to be true.”

The timeline for announcing a successor remains uncertain. Sharwan Kumar hinted that a decision could be taken soon but stopped short of giving a definite schedule. “It may be possible this month or next month. Nitish ji has been elected to the Rajya Sabha and the term of the current Rajya Sabha member ends on April 9, so Nitish ji will take oath after that. Once he takes the oath, only then the decision over the formation of government will be taken.”

Earlier, during the ongoing Samriddhi Yatra, Nitish Kumar had dropped indications that Samrat Choudhary could be his preferred choice to lead the state in the future.

Adding to the speculation, Union Minister Jitan Ram Manjhi also spoke in favor of Choudhary during an Iftar gathering organized by Hindustani Awam Morcha (Secular) on March 19. “Nitish Kumar is a transparent person and he does what he thinks. If he is giving such indications about a leader, it should be understood that he will not back out. I also think that Samrat Choudhary could be the choice of Nitish Kumar for the post of Chief Minister,” he said.

Meanwhile, Nitish Kumar’s Samriddhi Yatra, aimed at reviewing development initiatives and engaging with citizens, completed its fourth phase on March 20 after covering eight districts. The next leg of the outreach campaign is scheduled to begin on March 23.

During the fifth phase, the Chief Minister is expected to travel through Jehanabad, Arwal, Kaimur, Rohtas, Buxar, Bhojpur, and Nalanda, before concluding the tour in Patna on March 26. The latest phase wrapped up with visits to Gaya and Aurangabad, where ongoing projects were assessed.