Bihar CM News: Bihar CM Nitish Kumar is a Rajya Sabha MP, so constitutionally he could not remain a member of the Bihar Legislative Council. In such a situation, he has resigned from the membership of the Legislative Council.
(Bihar CM Nitish Kumar, file photo)
Although Nitish Kumar resigned from the Legislative Council after being elected to the Rajya Sabha, he has not yet resigned from the post of Chief Minister of Bihar. This confirms one thing: Nitish Kumar will remain the Chief Minister of Bihar for the foreseeable future. Whatever names are circulating in the media and social media, they are unlikely to materialize.
Nitish Kumar is a Rajya Sabha MP, so constitutionally he could not remain a member of the Bihar Legislative Council. As such, he resigned from the Legislative Council. However, there is currently no constitutional pressure on Nitish Kumar to resign as Chief Minister. This pressure is not there for at least six months, as Article 164(4) of the Constitution states that if a person becomes Chief Minister and is not a member of either House of the State, he must become a member of the Legislative Assembly within a maximum of six months. If he does not become a member, he must resign as Chief Minister.
Nitish Kumar can remain in the CM's chair for 6 months
Nitish Kumar, after resigning, is no longer a member of the legislature. He is now a Rajya Sabha MP. He can remain as Chief Minister for the next six months. Within six months, he must either become a member of the legislature or resign as Chief Minister. Furthermore, he can remain a Rajya Sabha member while remaining Chief Minister, and there is no constitutional obligation to do so.
There is no compulsion to leave the CM's chair even after resigning from the MLC!
Articles 101 and 190 of the Constitution, as well as the Indian Constitution and the Representation of the People Act, 1951, state that no person can simultaneously hold the position of a member of Parliament and a state legislature. Resignation from one House of Parliament is required within 14 days of becoming a Rajya Sabha member, so Nitish Kumar resigned from the Legislative Council. However, if Nitish wishes to remain a Rajya Sabha member, he has six months to resign as Chief Minister.
Nitish will not be able to vote on any proposal in the assembly.
It's just that while Nitish Kumar is Chief Minister, he can participate in House proceedings, but he won't be able to vote on any proposals or the budget in the Bihar Assembly, as voting is only permitted by members of the House he is a part of. This means that Nitish Kumar has six months to remain a Rajya Sabha MP and Chief Minister.
Who is the new CM of Bihar?
The rest of the story is that Bihar will get a new Chief Minister. But who that will be is unclear. Nitish Kumar has already hinted at Samrat Chaudhary as Bihar's next Chief Minister. However, consensus on his name is failing within the BJP itself. Consequently, everyone from Digha MLA Sanjeev Chaurasia to Aurai MLA Rama Nishad and Bihar Assembly Speaker Prem Kumar are making rounds of the RSS headquarters in Nagpur. And the constitutional system has given Nitish Kumar enough time to ensure that while the leaders may continue to make the rounds, in six months' time, Nitish Kumar will be the one to decide Bihar's future.
