Punjab Objects to Justice Ashwani Kumar Mishra’s Appointment as High Court Chief Justice
The Punjab government has objected to the appointment of Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court, triggering a fresh confrontation between the AAP-led state government and the Centre over the judicial appointment process.
The Punjab Cabinet, chaired by Chief Minister Bhagwant Mann, passed a resolution on Sunday seeking that Justice Mishra’s appointment and oath-taking be put on hold until the state government’s views are obtained and considered. The resolution was adopted at an emergency Cabinet meeting.
The state government has alleged that the Centre notified the appointment without waiting for Punjab to respond to the Supreme Court Collegium’s recommendation. Punjab argues that this bypassed the procedure laid down in the Memorandum of Procedure governing appointments to High Courts.
Justice Mishra’s appointment was notified by the Centre on Saturday, nearly a month after the Supreme Court Collegium recommended him for the post. He had already been functioning as Acting Chief Justice of the Punjab and Haryana High Court.
Punjab Chief Minister Bhagwant Mann described the move as an infringement of the state’s rights and raised concerns over the federal balance between the Centre and states. The government has particularly objected to what it says was the failure to obtain or await the state’s views before the appointment was finalised.
The controversy centres on whether the state’s role under the judicial appointments procedure amounts to a requirement for consultation or consent. Legal experts and constitutional commentators are now examining the precise scope of the state government’s role in the process.
Despite the Punjab government’s objection, Justice Mishra was sworn in as Chief Justice on Monday. The oath ceremony took place with representatives of the Punjab government absent, leaving their seats empty at the event.
The development has also drawn political criticism from the Punjab Congress. State Congress president Amarinder Singh Raja Warring accused the AAP government of interfering with judicial independence, while Leader of Opposition Partap Singh Bajwa welcomed Justice Mishra’s appointment and criticised the state government for opposing it.
The dispute now places the appointment within a wider Centre-state debate over judicial appointments, constitutional procedure and the limits of executive involvement in the higher judiciary.
