Nitish Kumar's Rajya Sabha Oath Scheduled After April 9, Bihar CM Tenure Extended
Patna: In a significant political development, Bihar Chief Minister Nitish Kumar is poised to take his oath as a member of the Rajya Sabha after April 9, according to statements made by his close confidant and Rural Development Minister Shrawan Kumar on Thursday. The minister clarified that despite this parliamentary move, Nitish Kumar retains the constitutional authority to continue serving as the Chief Minister of Bihar for an additional six months following his Rajya Sabha induction.
Constitutional Provisions and Resignation Timeline
Nitish Kumar has already formally resigned from his position as a member of the Bihar Legislative Council, though he maintains his active role as the state's chief executive. This action comes in response to a notification issued by the state home department on March 30, which explicitly stated that Kumar would assume his Rajya Sabha membership only after resigning from both his MLC and CM positions.
Minister Shrawan Kumar elaborated on the constitutional framework, explaining that Indian law prohibits any individual from simultaneously holding membership in two legislative houses. The provision mandates that a person must resign from one house within fifteen days of being elected to another. "In accordance with this legal requirement, Nitish Kumar has already submitted his resignation as an MLC and will formally take the oath as a Rajya Sabha member after April 9," Kumar told assembled journalists. "However, he possesses the legitimate option to continue functioning as Bihar's Chief Minister for another six-month period."
Home Department Notification and Security Arrangements
The entire discussion was triggered when the home department's official notification gained widespread circulation across various social media platforms. The document, issued by Special Secretary to the Government K. Suhita Anupam, clearly read: "Nitish Kumar has currently been nominated to the Rajya Sabha and in the near future, he will take the oath of Rajya Sabha membership after resigning as the MLC and CM." It is noteworthy that the home department operates under the supervision of Deputy Chief Minister Samrat Choudhary.
Interestingly, the same home department communication confirmed that Nitish Kumar will continue to receive "Z plus" security protection even after he eventually steps down from the chief minister's office. As the sitting CM, Kumar benefited from a specialized security cover provided under the Bihar Special Security Act of 2000, which is structurally modeled after the Special Protection Group Act designed for the Prime Minister's security. The notification further indicated that the decision to maintain high-level security for Kumar was made considering his impending transition to Parliament, which will necessitate his departure from the chief minister's role.
Political Context and Election Background
Nitish Kumar, who previously did not hold membership in Parliament's upper house, was successfully elected to the Rajya Sabha on March 16. The biennial elections were conducted for five Rajya Sabha seats from Bihar, with the current tenures of these positions set to conclude on April 9. This electoral victory paved the way for Kumar's anticipated move to the national parliamentary arena.
When questioned about the precise timing of Kumar's potential resignation from the chief minister's post, Shrawan Kumar advised against speculative assumptions. "It would not be appropriate to engage in conjecture regarding when Nitish Kumar might choose to resign or determine exactly how long he may continue in his current office," the minister stated, adding that any resignation would occur "as per his own convenience."
This development marks a crucial phase in Nitish Kumar's extensive political career, blending state leadership with emerging national parliamentary responsibilities while navigating complex constitutional protocols and security considerations.
