HomeNewsIndiaNitish has stop Bihar legislature, however how is he nonetheless CM? Regulation...

Nitish has stop Bihar legislature, however how is he nonetheless CM? Regulation and politics, defined| India Information

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Bihar’s political panorama continues to wobble even after one factor is set for weeks now: JD(U) supremo Nitish Kumar will now not be the chief minister. However he continues to be; and there’s no readability but on when and who will succeed him. Dominant associate BJP is but to achieve a consensus because it will get an opportunity to have its personal CM.

Utilizing a distant, Bihar CM Nitish Kumar inaugurating new administrative and educational buildings of Patna College on Monday, March 30, 2026. (Santosh Kumar/HT Photograph)

However the steps proceed, with the newest being CM Nitish Kumar’s resignation from the state’s Legislative Council, fulfilling a constitutional requirement that follows his election to the Rajya Sabha earlier this month.

However Indian constitutional regulation permits Nitish Kumar to stay — at the least for now — the CM.

On Monday, each Nitish Kumar and BJP nationwide president Nitin Nabin, who was a minister in his cupboard, tendered their resignations as legislators on Monday.

Bihar Legislative Council chairman Avadhesh Narayan Singh, who paid a courtesy go to to the CM earlier within the day, confirmed that he had accepted Kumar’s resignation. “He has been a useful chief of the Home and devoted himself to Bihar’s trigger,” he mentioned.

The resignation was a constitutional necessity. Nitish Kumar was elected to the Rajya Sabha on March 16, and the Prohibition of Simultaneous Membership Guidelines (1950), framed below Article 101(2) of the Structure, say an individual should resign from their seat within the state legislature inside 14 days of their Rajya Sabha election being gazetted. Monday, March 30, was that deadline.

Nonetheless CM, due to regulation; and BJP’s uncertainty

The query now apparent is: does resigning from the state legislature imply Nitish Kumar is now not CM? Constitutionally, the reply isn’t any; not but.

Article 164(4) of the Structure permits an individual to function CM or minister for a interval of six months with out being a member of the state legislature. This implies Nitish Kumar can, in principle, proceed to occupy the chair in Patna whereas concurrently getting ready to take his oath as a Rajya Sabha member on April 10.

So, let’s clear up two technical issues: You can’t be a member of two Homes for greater than two weeks; however you’ll be able to stay CM whereas not being a part of any Home for six months.

Technicalities taken care of, Nitish Kumar’s swap to the Higher Home of Parliament is historic, as a result of he’s the primary sitting CM to announce his determination to maneuver to the Rajya Sabha. Earlier than him, CMs have moved from the state to the Centre, however solely after a niche.

For Nitish, whose well being has been a priority, this implies he has now been a member of Bihar’s and Centre’s higher and decrease Homes, a uncommon feat. Since first changing into CM in 2005, he has remained a central determine in Bihar politics, navigating a number of alliance shifts whereas sustaining political relevance.

What occurs subsequent?

BJP minister Vijay Kumar Choudhary mentioned Nitish’s resignation as CM would occur “on the acceptable time”.

The BJP has been a dominant pressure in Bihar’s ruling coalition however has by no means held the CM’s submit, at all times yielding to Kumar and his Janata Dal (United). That’s now anticipated to alter.

The NDA bloc of BJP-JD(U)+ received a landslide victory within the 2025 meeting elections, securing 202 of the 243 seats and defeating the RJD-Congress-led Mahagathbandhan, which received simply 35 seats. For the primary time, the BJP turned the single-largest get together within the Bihar Vidhan Sabha, with 89 seats, adopted by the JD(U) with 85 seats.

Senior BJP chief Vinod Tawde is already in Patna, assembly with state leaders because the get together’s central command strikes shortly to form the transition.

The contenders

Going by the thrill in Bihar’s political circles, deputy CM Samrat Choudhary, Union minister Nityanand Rai, and Bihar minister Dilip Kumar Jaiswal are amongst the highest contenders for the CM submit.

Political analysts counsel that Samrat Choudhary is the strongest contender. His identify is outstanding partly as a result of he’s a key chief of the Kushwaha group, Bihar’s second-largest backward caste, which may assist the BJP strengthen its OBC equation. Choudhary has held the house affairs portfolio within the state and is at present in his second stint as deputy CM, which means he’s second-in-command.

Nityanand Rai is at current the Union Minister of State for House Affairs. Earlier than becoming a member of PM Narendra Modi’s council of ministers, Rai served because the BJP president for Bihar and is a four-time MLA from Hajipur.

Dilip Jaiswal is a three-time MLC, and has additionally served as Bihar BJP chief.

There may be additionally a dynastic subplot with Nitish Kumar’s son Nishant Kumar, who joined the JD(U) final week, being mentioned as a possible deputy CM, with JD(U) leaders reportedly accepting him as Nitish’s political successor.

Astrology angle?

Some native media shops have underlined that at present it is the interval of ‘Kharmas’ — the one-month interval thought-about inauspicious for main selections as per the Hindu calendar — noticed prominently in Bihar, Jharkhand and japanese Uttar Pradesh. It ends on April 14. That date additionally occurs to be the beginning anniversary of Indian constituationalist and Dalit icon BR Ambedkar. This has led to chatter, with no chief saying it on the document although, that new beginnings could also be made on or after that date.

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