Bihar Chief Minister Nitish Kumar officially resigned from his membership of the Bihar Legislative Council on March 30, 2026. This decision follows his unopposed election to the Rajya Sabha on March 16. The resignation was submitted to the Chairman of the Legislative Council, Awadhesh Narayan Singh, at the Chief Minister’s official residence. This move ensures that the Chief Minister remains in compliance with the Indian Constitution regarding simultaneous membership in different legislative bodies.
Why was the resignation mandatory for Nitish Kumar?
The Indian Constitution and the Prohibition of Simultaneous Membership Rules, 1950, state that a person elected to both Parliament and a state legislature must vacate one seat within 14 days. Failure to do so leads to the automatic termination of the parliamentary seat. Since Nitish Kumar was elected to the Rajya Sabha on March 16, his deadline to leave the state council was March 30. Bihar Assembly Speaker Prem Kumar had previously confirmed this timeline, noting that the constitutional process must be followed strictly to avoid any legal complications.
What happens to the Chief Minister position in Bihar?
Despite resigning as a Member of the Legislative Council (MLC), Nitish Kumar will continue to serve as the Chief Minister of Bihar. Constitutional provisions under Article 164(4) allow an individual to hold the office of Chief Minister for a maximum period of six months without being a member of either house of the state legislature. This provides a window for the political leadership to decide on future steps. JD(U) working president Sanjay Jha and other party leaders have confirmed that all procedures are being handled according to the law.
Key dates and timeline of the transition
| Event | Date |
|---|---|
| Nomination filed for Rajya Sabha | March 5, 2026 |
| Elected unopposed to Rajya Sabha | March 16, 2026 |
| Elected as JD(U) National President | March 25, 2026 |
| Official resignation from Bihar MLC seat | March 30, 2026 |

