PATNA: In a major historical political development, veteran leader Nitish Kumar on Friday took oath as a Rajya Sabha MP. His ways of manoeuvring alliance politics have been crucial for the National Democratic Alliance (NDA) being in power in Bihar.
The move to the Rajya Sabha marks the fulfillment of Kumar’s long-stated desire to serve in every legislative house in India (Bihar Assembly, Bihar Council, Lok Sabha, and finally, Rajya Sabha).
Kumar resigned from his membership of the Bihar Legislative Council following his election to the upper house of Parliament. Janata Dal (United). MLC Sanjay Gandhi submitted the Bihar CM’s resignation to council chairman Awadhesh Narayan Singh.
This transition effectively hands the reins of the Bihar government over to the BJP, marking a significant structural shift in the state’s power dynamics ahead of future elections.
A high-level meeting of Bihar BJP leaders is also taking place in Delhi today to finalise the roadmap for the new state leadership.
Nitish Kumar was elected to the Rajya Sabha on March 16, along with four other candidates from Bihar fielded by the NDA. After this, Kumar was elected as JD(U) president unopposed, after no other candidate filed a nomination for the post.
However, as per the constitutional provisions, Kumar can remain the Chief Minister of Bihar for the coming six months, despite being elected to the Rajya Sabha as an MP. His resignation as MLC within 14 days of being elected as an MP was a must, given the rules.
Under Article 101 of the Indian Constitution, which deals with “vacation of seats”, one can’t remain both an MLA/MLC and an MP. The Clause (2) of the said Article states that “No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of [a State], then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.”
The “rules made by the President” are mentioned in The Prohibition of Simultaneous Membership Rules, 1950, which dictates that the time to resign as a member of either state legislature or Parliament if elected to another “shall be fourteen days from the date of publication in the Gazette of India or in the Official Gazette of the State, whichever is later, of the declaration that he has been so chosen.”
Subsequently, the Election Commission of India (ECI), as per the mandate of the Representation of the People Act, 1951, is bound to hold a bypoll to fill the vacant seat. In the case of Nitish Kumar and as per Section 151A of the RPA, a bypoll for the vacant council seat will be held within six months, counting from March 30, which is when Kumar resigned as MLC.
Earlier, BJP national president Nitin Nabin clarified that there are no differences in the NDA over the pending appointment of a new Bihar Chief Minister as Nitish Kumar gets elected to the Rajya Sabha.
“There are no differences anywhere; everything is proceeding as per schedule. BJP has always respected the gathbandhan dharma, and that is why even today parties trust us. Everything is being decided under the leadership of Nitish Kumar,” Nabin told ANI.
Nitish Kumar is Bihar’s longest-serving Chief Minister. Beginning his political journey as an MLA in 1985 and later serving as a Union Minister under the Atal Bihari Vajpayee government, Nitish Kumar first became Bihar Chief Minister in 2005. He is among the most experienced and senior political leaders in the country. (With inputs from ANI)
