Bihar Chief Minister Nitish Kumar. Photo: CMO Bihar via ANI
In an unusual development, Bihar Legislative Assembly Speaker Prem Kumar on Friday made a political statement saying that Chief Minister Nitish Kumar still has time to resign till March 30, 2026.
The spokesperson made the statement while speaking to the media in Patna. Mr. Prem Kumar of the Bharatiya Janata Party (BJP) justified his statement by citing the Prohibition of Concurrent Membership Rules 1950 under Article 101 of the Constitution, which prohibits simultaneous membership in both Parliament and state legislatures.
Mr. Nitish Kumar, who is currently a member of the Bihar Legislative Council, has already secured victory in the Rajya Sabha elections held on March 16. The Speaker said that as per the rule, the Chief Minister has to resign from the state legislature within 14 days of being elected to Parliament.
Despite moving to the Rajya Sabha, the Bihar CM did not utter a word on the issue during the five phases of his Samriddhi Yatra that ended in Patna on March 26.
Recently the Rajya Sabha elections were held in which our Chief Minister (Nitish Kumar) and our (BJP) National President (Nitin Nabin) were elected. According to the rules, a person must resign as a member of either chamber of the state legislature (after being elected as an MP) within 14 days. After resigning, he will have to inform the Election Commission. That is the tradition and laid down rules of the constitution,” said Mr. Prem Kumar.
He added, “Looking at it, today is March 27 and the Chief Minister has until March 30 to resign. Nitish ji will resign from the Council, similarly Nitin Nabin ji will resign as a member of the Legislative Assembly and both will be sworn in as Rajya Sabha members.”
However, Mr. Prem Kumar also referred to Article 164(4) of the Constitution, which allows a person to be appointed as Chief Minister or Minister for up to six months without being a member of the state legislature.
“Yes, there is also a provision that he can continue as CM for up to six months and then he has to go for assembly elections or become a member of the council,” said Mr. Prem Kumar.
During the Samriddhi Yatra, the Bihar CM addressed 32 public meetings covering 32 districts, but nowhere did he mention moving to the Rajya Sabha or resigning as CM.
However, he hinted that Deputy Chief Minister Samrat Choudhary might succeed him.
When a similar question was put to Janata Dal (United) leader and Bihar Rural Development Minister Sharwan Kumar last week, he said that Mr. Nitish Kumar can remain in office for another six months despite being elected to the Rajya Sabha.
Opposition Rashtriya Janata Dal (RJD) spokesperson Ejaz Ahmad criticized the Speaker for issuing a political statement.
“He has to maintain his dignity when he is in the post of Assembly Speaker. He is supposed to act above the party line, not as a member of a political party. He is sitting on a constitutional post and such actions lower the very essence and spirit of the Constitution. His remarks show how much the BJP is in a hurry to get the CM post,” Ahmad said.
Earlier this week, Leader of Opposition Tejashwi Yadav claimed that Mr. Nitish Kumar is not interested in moving to the Rajya Sabha but the BJP is forcefully sending him there.
Meanwhile, Mr. Nitish Kumar and Mr. Nitin Nabin along with other National Democratic Alliance (NDA) leaders participated in the Ram Navami procession at Dakbungalow roundabout.
Published – 27 March 2026 20:37 IST
