Punjab Government Opposes Appointment of New Chief Justice
In a significant development, the Punjab government has expressed its disapproval of the Central government’s decision to appoint Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court. The Supreme Court Collegium had earlier recommended Justice Mishra’s elevation on August 6, with the Central government swiftly notifying the appointment on Saturday.
The Punjab cabinet convened an emergency meeting on Sunday, urging the state Governor to delay the oath-taking ceremony for Justice Mishra, scheduled for Monday at the Punjab Lok Bhavan in Chandigarh. The state government asserts that the decision was made without its consent, violating the established procedure for judicial appointments.
State Government Cites Procedural Concerns
The Punjab government has highlighted procedural discrepancies, referencing the ‘Memorandum of Procedure for Appointment and Transfer of Chief Justices and Judges of High Court’. According to this memorandum, the Union Minister of Law, Justice, and Company Affairs should consult the concerned State government after receiving the Chief Justice of India’s recommendation.
The State alleges that while its views were solicited by Arjun Ram Meghwal, Minister of State for Law & Justice, on August 12, the Union government proceeded with the notification without awaiting a response, showcasing a hastened process.
Allegations of Discrimination
The Punjab government asserts that there is a disparity in handling similar cases. It points to the example of Justice Gurmeet Singh Sandhawalia, whose appointment as Chief Justice of the Madhya Pradesh High Court was delayed due to pending recommendations from the Madhya Pradesh government. In contrast, Justice Mishra’s appointment did not encounter such delays, leading to allegations of discrimination against Punjab.
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Plea for Delay in Oath Administration
The Punjab government insists on delaying the oath-taking until its views are considered by the competent authority. “The appointment and administration of the oath should be deferred until Punjab’s perspective is duly incorporated,” the government stated.
Punjab Chief Minister Bhagwant Singh Mann has vocalized his concerns, accusing the Central government of undermining Punjab’s rights and deviating from constitutional norms. Mann stated that bypassing the state’s consent in appointing the new Chief Justice is a breach of protocol and constitutional guidelines.
Response from Legal Fraternity
The Punjab and Haryana High Court Bar Association has criticized the government’s stance, emphasizing the importance of maintaining the judiciary’s independence. The Bar Association expressed that such governmental opposition could potentially undermine public confidence in the judiciary.
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Justice Ashwani Kumar Mishra’s Background
Justice Ashwani Kumar Mishra, an alumnus of Delhi University’s Campus Law Centre, commenced his judicial career as an additional judge of the Allahabad High Court on February 3, 2014, and became a permanent judge on February 1, 2016. He was transferred to the Punjab and Haryana High Court on July 21, 2025, after serving in Allahabad. Justice Mishra was appointed acting Chief Justice on June 1, following the elevation of then Chief Justice Sheel Nagu to the Supreme Court.
In a notable ruling, Justice Mishra directed the Punjab government to release pending installments of dearness allowance to employees and pensioners, criticizing the state’s expenditure on non-essential items while withholding dues.
