The political landscape in Bihar continues to fluctuate even after one decision has been taken for weeks now: JD(U) Chief Minister Nitish Kumar will no longer be the Chief Minister. But it still is; There is no clarity yet about when and who will succeed him. Controlling partner The BJP is yet to reach a consensus as it has got a chance to have its own chief minister.
But steps continue, the latest of which was the resignation of Chief Minister Nitish Kumar from the state legislature, in fulfillment of a constitutional requirement following his resignation. Rajya Sabha elections earlier this month.
But Indian constitutional law allows Nitish Kumar to remain – at least for now – prime minister.
On Monday, both Nitish Kumar and BJP national president Nitin Nabin, who was a minister in his government, tendered their resignation as legislators on Monday.
Bihar Legislative Assembly Speaker Avadesh Narayan Singh, who paid a courtesy call on the Prime Minister earlier in the day, confirmed that he had accepted Kumar’s resignation. “He was an invaluable leader in the House and devoted himself to the cause of Bihar,” he said.
The resignation was a Constitutional necessity. Nitish Kumar was elected to the Rajya Sabha on March 16. The Concurrent Membership Prohibition (1950) Rules, stipulated in Article 101(2) of the Constitution, stipulate that a person must resign his seat in the State Legislative Council within 14 days of the publication of the Rajya Sabha elections in the Official Gazette. Monday, March 30 was that deadline.
It’s still poison, thanks to the law; And the uncertainty of the BJP
The obvious question now is: Does the resignation from the state legislature mean that Nitish Kumar is no longer the chief minister? Constitutionally, the answer is no; not yet.
Article 164 (4) of the Constitution Allows any person to serve as president or minister for a period of six months without being a member of the state legislature. This means that Nitish Kumar could, in theory, continue to hold the chair in Patna while at the same time preparing to take oath as a member of the Rajya Sabha on April 10.
So, let’s get two technicalities straight: you can’t be a member of two chambers for more than two weeks; But you can remain Speaker of the House without being part of any House for six months.
The technicalities have been taken care of, Nitish Kumar The shift to the Upper House is historic, as he is the first Prime Minister to announce his decision to move to the Rajya Sabha. Before him, CMs had moved from the state to the Centre, but only after a gap.
For Nitish, whose health has been a concern, this means he is now a member of both the Lok Sabha and Lok Sabha in Bihar and the Centre, a rare achievement. Since becoming chief minister for the first time in 2005, he has remained a central figure in Bihar politics, navigating multiple shifts in alliances while maintaining his political relevance.
What will happen next?
BJP Minister Vijay Kumar Chowdhury said Nitish’s resignation from the post of chief minister would happen “at the appropriate time”.
The BJP was a dominant force in the ruling coalition in Bihar, but he never served as chief minister, always capitulating to Kumar and his Janata Dal (United) party. That is now expected to change.
The NDA-BJD(U)+ bloc achieved a landslide victory in the 2025 Assembly elections, bagging 202 of the 243 seats and defeating the Mahagathbandhan-led Rally for Democracy and Congress, which won just 35 seats. For the first time, the BJP became the largest party in Bihar Vidhan Sabha, with 89 seats, followed by the JD(U) with 85 seats.
Vinod Tawde, a senior BJP leader, is already in Patna, meeting state leaders as the party’s central leadership moves quickly to shape the transition.
Competitors
Given the buzz in Bihar’s political circles, Deputy Chief Minister Samrat Chaudhary, Union Minister Nityanand Rai and Bihar Minister Dilip Kumar Jaiswal are among the top contenders for the chief minister’s post.
Political analysts point out that Samrat Chaudhary is the strongest contender. His name stands out partly because he is a key leader of the Kushwaha community, Bihar’s second-largest backward caste, which could help the BJP strengthen its OBC equation. Chaudhary has taken over the state’s home affairs portfolio and is currently in his second term as deputy chief minister, meaning he is the second-in-command.
Nityanand Rai is currently the Union Minister of State for Home Affairs. Before joining Prime Minister Narendra Modi’s Cabinet, Rai served as BJP’s Bihar state president and was a four-time MLA from Hajipur.
Dilip Jaiswal is a three-time MLA and has also served as the BJP president in Bihar.
There is also a dynasty subplot with Nitish Kumar’s son Nishant Kumar, who joined the JD(U) last week, has been discussed as a possible deputy chief minister, with JD(U) leaders reportedly accepting him as Nitish’s political successor.
Astrology angle?
Some local media have confirmed that this is the period of ‘Kharmas’ – a one-month period considered inauspicious for major decisions according to the Hindu calendar – which is prominently observed in Bihar, Jharkhand and eastern Uttar Pradesh. It ends on April 14. This date also happens to be the birth anniversary of Indian Constitutionalist and Dalit icon BR Ambedkar. This has led to chatter, with no leader officially stating that new beginnings might occur on or after that date.
