Bihar’s political landscape is once again witnessing an extraordinary chapter. JD(U) chief Nitish Kumar, without contesting the Assembly elections, has taken oath as Chief Minister as a member of the Legislative Council. Following the NDA’s sweeping victory in the 2025 Assembly elections, Nitish Kumar has assumed office for a record tenth time. His long political journey, the unique route of becoming Chief Minister through the Legislative Council, the dominance of caste politics, the development shortcomings, and the state’s low literacy levels have become major subjects of discussion.

This editorial examines these issues in detail.

A Chief Minister Without Assembly Elections: The Nitish Kumar Exception

In Indian politics, Chief Ministers traditionally emerge from the Legislative Assembly. Nitish Kumar, however, has broken this convention for over two decades. Since 1985, he has not contested an Assembly election. Though he contested from the Harnaut constituency in 1995, he opted to retain his Lok Sabha membership.

When he first became Bihar’s Chief Minister in 2000, he was not an MLA and resigned within eight days due to a lack of majority. After the NDA’s victory in 2005, Nitish entered the Legislative Council and assumed the Chief Minister’s office - a route he has consistently used ever since.

He took oath as CM in: 2010, 2015 (twice), 2017, 2020, 2022, 2024, and now in 2025 - marking his 10th term.

This makes him the only leader in Bihar’s history to consistently lead the state without directly facing the Assembly electorate. Such a path is possible only in states with a bicameral legislature. Apart from Bihar, only Andhra Pradesh, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils.

For instance, Uttar Pradesh CM Yogi Adityanath is also a Council member. Yet, Nitish Kumar’s long, uninterrupted rule through this route remains exceptional.

Analysts point out that this approach helps him stay beyond the limitations of a single constituency and focus on state-wide issues.

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What Is the Legislative Council and How Are Members Elected?

The Legislative Council is the Upper House in state legislatures, functioning much like the Rajya Sabha. Created under Article 169 of the Indian Constitution, it reviews, discusses, and advises on bills passed by the Assembly, though it does not have decisive powers to block legislation.

Bihar’s Council, established in 1912, currently has 75 members.

Membership is structured under Article 171:

1/3 elected by local bodies (municipalities, panchayats, district councils)

1/3 elected by MLAs - but only from among non-MLAs

1/12 elected by graduates

1/12 elected by teachers

1/6 nominated by the Governor (experts in literature, science, arts, etc.)

Members serve for six years, with one-third retiring every two years.

Critics often call it a “backdoor entry” for leaders who avoid elections, but the system is constitutionally valid. Nitish Kumar has been a continuous Council member since 2006, most recently re-elected in March 2024.

This path has given him political continuity and stability.

Nitish Kumar: A Leader Who Seeks Votes for the Party, Not for Himself

Nitish Kumar is known for seeking votes not for personal victory but for strengthening his party and alliances. During the 2025 campaign, he repeatedly told voters:

“I am not contesting, but our JD(U) candidates need your support.”

This reflects his long-standing strategy - focus on the coalition, not individual charisma.

JD(U)’s strong performance - 85 seats in 2025 - shows this model still works. Even his frequent shifts in alliance - splitting from the BJP in 2013, joining RJD in 2015, returning to the BJP in 2017, and repeating similar shifts later - were aimed at preserving JD(U)’s relevance.

Political observers note that Nitish has always balanced caste coalitions with development claims, enabling him to retain power across changing political tides.

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Caste Politics: The Foundation of Nitish Kumar’s Winning Formula

Bihar’s politics are deeply caste-driven. Although Nitish belongs to the Kurmi community - barely 3% of the population - he built a broad social coalition.

His strategy:

Unite EBCs (Extremely Backward Classes) - about 36%

Mobilize Mahadalits

Consolidate non-Yadav OBCs

Strengthen the “Luv-Kush” (Kurmi–Kushwaha) alliance since 2005

Follow the Karpoori Thakur model of caste-based empowerment

The 2023 caste survey and the increased 30% quota for EBCs bolstered his image as a champion of social justice.

While the RJD traditionally commanded the Yadav–Muslim vote base, Nitish turned EBCs and women into strong JD(U) supporters. Women, especially, backed him for schemes like bicycles, pensions, and education support.

Thus, even where development indicators lagged, caste arithmetic consistently aided his victories.

Development Gaps and Low Literacy: Why Nitish Still Wins

Nitish Kumar’s tenure has delivered certain improvements:

Better roads and electrification

Minor increases in literacy

Teacher recruitment and administrative reforms

However, Bihar remains one of India’s most economically challenged states:

Per capita income (2023): ₹38,278 - among the lowest in India

Unemployment: 13.4%

Child stunting: 43%

Anemia prevalence: 72%

Literacy rate: 61.8% (2011 Census), far below the national average of 74%

Female literacy: just 51.5%

Low literacy plays a significant role in election behavior.

Voters often rely on caste identities, welfare benefits, and community loyalties rather than long-term developmental parameters.

Migration continues to be a major problem due to lack of industrial growth and job creation.

Critics like Prashant Kishor argue that caste politics is obstructing Bihar’s development narrative.

Yet, the NDA’s massive win - 202 seats in 2025 - underlines that Nitish Kumar’s strategy remains electorally successful.

The Road Ahead

As Nitish Kumar begins his tenth term, Bihar stands at a crossroads. Caste politics, low literacy, and economic underperformance continue to shadow the state’s progress. The grand oath-taking ceremony at Gandhi Maidan on November 20 may showcase political success, but the real challenge lies in governance.

Can Nitish Kumar deliver the development Bihar has long awaited?

That remains the defining question for the state’s future.