Nitish Kumar resignation highlights: Nitish Kumar resigns as MLC. Will he continue to be CM?

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Now that Kumar is headed to the Rajya Sabha in Parliament, he must resign from the legislative council. As per the Prohibition of Simultaneous Membership Rules (1950), framed under Article 101(2) of the Constitution, a person must resign from their seat in the state legislature within 14 days of their election declaration being published in the Gazette of India or the State Gazette, whichever is later. Failing this, their Rajya Sabha seat becomes vacant.

The move came months after the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) won a landslide victory, securing 202 of the 243 seats in the 2025 Bihar Assembly Elections, defeating the Rashtriya Janata Dal (RJD)-led Mahagathbandhan (MGB), which secured just 35 seats. For the first time, the BJP became the single-largest party in the Bihar assembly, with 89 seats, followed by the JD(U) with 85 seats.

Since 2013, however, his tenure has been defined by a "revolving door" of alliances, alternating between the BJP and the Mahagathbandhan (RJD and Congress) in 2013, 2017, 2022, and 2024. Despite these frequent realignments, his political survival remains unparalleled; most recently, he secured a fifth electoral landslide in 2025, taking the oath as Chief Minister for a record-breaking tenth time.

Nitish Kumar's political career is a masterclass in coalition manoeuvring, marked by a series of high-stakes ideological shifts. Beginning his journey as an MLA in 1985 and later serving as a Union Minister under the Atal Bihari Vajpayee government, he first ascended to the Bihar Chief Minister's office in 2005 as an NDA ally.

Article 164(4) of the Constitution of India provides flexibility, allowing a person to serve as Chief Minister or a minister for a period of six months without being a member of the state legislature or council. This clause allows Nitish Kumar to potentially remain in office temporarily, even after transitioning to Parliament, for at least 6 months.

BJP national president Nitin Nabin resigned as a member of the Bihar Assembly on Monday, two weeks after he was elected to the Rajya Sabha.

His resignation from the Bankipur seat was submitted to Assembly Speaker Prem Kumar by state BJP chief Sanjay Saraogi.

On the resignation of newly-elected Rajya Sabha MPs Nitin Nabin as MLA and Nitish Kumar as MLC, Bihar Legislative Assembly Speaker Prem Kumar says, "I have accepted the resignation of Nitin Nabin. Following Friday, I have issued instructions to initiate the necessary further proceedings. An official letter has been issued, and a formal notification will also be released shortly. I have also received confirmation that the Chief Minister of Bihar has tendered his resignation within the Council. This is, truly, a deeply emotional moment; we have worked together for a very long time. Although this parting naturally evokes a sense of unease and concern, I remain fully confident that his focus will always remain squarely centred on the welfare of Bihar. Both of these leaders have consistently played a pivotal role in the politics of both the nation and the State of Bihar. Our bond is a long-standing one, it existed in the past, endures in the present, and will undoubtedly persist into the future..."

Nitish Kumar has resigned from the Bihar Legislative Council following his election to the Rajya Sabha, marking a quiet yet significant transition in his political journey. In a heartfelt note, he reaffirmed his commitment to a “developed Bihar” and pledged continued guidance to the state’s leadership.

Article 164(4) of the Constitution of India provides flexibility, allowing a person to serve as Chief Minister or a minister for a period of six months without being a member of the state legislature or council. This clause is what enables Nitish Kumar to potentially remain in office temporarily even after transitioning to Parliament, at least for six months.

Bihar Chief Minister Nitish Kumar resigns as Member of the Legislative Council (MLC)

As per the Prohibition of Simultaneous Membership Rules (1950), framed under Article 101(2) of the Constitution, a person must resign from their seat in the state legislature within 14 days of their election declaration being published in the Gazette of India or the State Gazette, whichever is later. Failing this, their Rajya Sabha seat becomes vacant.

Kumar's switch to the Upper House of Parliament is historic, as he would be the first sitting chief minister to announce his decision to move to the Rajya Sabha. Before him, Chief Ministers have moved from the state to the Centre, but only after a gap.

“The unbreakable bond I share with my party workers and the people of Bihar will endure forever, continuing to provide me with renewed energy, inspiration, and guidance. Under the leadership of Prime Minister Narendra Modi, I shall remain ceaselessly dedicated to realising the vision of a 'Developed India' and a 'Developed Bihar' by the year 2047,” Nabin said in a post on X

BJP chief Nitin Nabin says he is today resigning from my position as the elected member representing the Bankipur constituency in the Bihar Legislative Assembly. Through the new role entrusted to me by the party, I shall remain ever-ready and committed to the development of my constituency and the state of Bihar, Nabin who just won Rajya Sabha election, said.

As per the law, Nitish Kumar has to resign as MLC. He cannot be member of both the houses. He was elected to Rajya Sabha on 16 March. A leader can however continue to be CM for at least six months without being a member of any house. But has to be a member of either legislative council of assembly within six months of swearing in as CM

One cannot be a member of two houses at the same time as per the Prohibition of Simultaneous Membership Rules, 1950 (under Articles 101/190 of the Constitution). So Nitish Kumar and Nitin Nabin are required to resign as MLC and MLA within 14 days of being elected to Parliament (Rajya Sabha).

BJP national president Nitin Nabin was scheduled to resign as a Member of Legislative Assembly (MLA) of Bihar on Sunday, 29 March. But his resignation was postponed at the eleventh hour, even though Bihar Assembly Speaker Prem Kumar had arrived at the Assembly to accept it. Nabin is also headed to Rajya Sabha

JD (U) leader and MLA Anant Kumar Singh has confirmed Nitish Kumar's resignation. Kumar told reporters in Patna on Sunday saying that that the CM had already made up his mind and will tender his resignation from the post of MLC on Monday.

Nitish Kumar is not a Member of Legislative Assembly (MLA) but a Member of Legislative Council (MLC). One has to be a member of either house to be a chief minister. He is all set to resign today paving way for next CM of Bihar.