Bihar Rural Development Minister Sharwan Kumar stated that Chief Minister Nitish Kumar can remain in his post for the next six months, even after being elected to the Rajya Sabha.
Nitish Kumar is expected to resign from the Bihar Legislative Council within 14 days of being elected as an MP.
Article 164(4) of the Constitution allows a non-legislator to be Chief Minister for a maximum of six months.
Detailed Insights:
The statement follows discussions regarding who will succeed Nitish Kumar as Chief Minister of Bihar.
The Prohibition of Simultaneous Membership Rules, 1950, under Article 101, mandates resignation from a State legislature within 14 days of election to Parliament.
Article 164(4) provides a constitutional provision allowing an individual to hold the office of Chief Minister or Minister without being a member of the State Legislature for up to six months.
Key Concepts Involved:
Article 101: Deals with vacation of seats in Parliament, including prohibitions against simultaneous membership.
Article 164(4): Allows a non-legislator to be appointed as Chief Minister or Minister for a limited period.
Rajya Sabha: The upper house of the Parliament of India, with members elected by the state legislative assemblies.