Nitish Kumar’s 20-Year Bihar CM Stint Ends Today, Set To Resign As MLC

Last Updated:March 30, 2026, 08:59 IST

According to the Constitution, Nitish Kumar, who was elected to the Rajya Sabha on March 16, must resign as a Member of the Legislative Council (MLC) within 14 days.

Days after being elected to the Rajya Sabha, Nitish Kumar is expected to step down as a member of the Bihar legislature on Monday, March 30. His resignation is required under constitutional rules that govern dual membership in Parliament and state legislatures.

Nitish Kumar was elected to the Rajya Sabha on March 16 and must resign as a Member of the Legislative Council (MLC) within 14 days. This makes March 30 the final day for him to vacate his seat in the Bihar legislature.

Constitutional rule on dual membership

The requirement comes under the Prohibition of Simultaneous Membership Rules, 1950, framed under Articles 101 and 190 of the Constitution. These rules clearly state that a person elected to both Parliament and a state legislature cannot continue in both roles beyond a 14-day period and must resign from one.

This provision applies to all such cases where a legislator is elected to Parliament while still holding a state-level position.

BJP leader yet to step down

Alongside Nitish Kumar, Nitin Nabin, BJP national president, has also not yet resigned from the Bihar Assembly despite being in a similar position.

He is reported to have travelled to Delhi for an important meeting, which delayed his resignation. A party leader said both leaders are likely to resign on Monday, which is the last day permitted under the rules.

What JDU said on Nitish’s resignation?

Nitish Kumar’s close aide Sanjay Kumar Jha confirmed that the process would follow constitutional requirements. However, he said he was not aware of the exact timing of the resignation.

“It is stipulated in the Constitution that one should resign within 14 days. Things will happen accordingly," Jha said while speaking to reporters.

Uncertainty over Chief Minister post

There is still no clarity on whether Nitish Kumar will also step down as Chief Minister after resigning as an MLC.

Some leaders from the JD(U) have suggested that any leadership change in Bihar may not happen immediately. They pointed out that the Constitution allows a person to continue as Chief Minister for up to six months without being a member of the state legislature.

This provision means Nitish Kumar could continue in office even after giving up his seat in the legislature, at least for a limited period.

Nitish Kumar has not yet made any statement on when he will take oath as a member of the Rajya Sabha. His next steps regarding both roles – as Chief Minister and as a Member of Parliament – remain unclear at this stage.

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