Why is Punjab opposing Ashwani Kumar Mishra's appointment as HC chief justice?

Chandigarh: The Punjab government has objected to the Centre's appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, alleging that the decision was notified without waiting for the state's views as required under the established procedure.

The Punjab Cabinet passed a resolution on Sunday seeking a halt to the appointment and the oath ceremony scheduled for Monday. Chief Minister Bhagwant Mann also wrote to President Droupadi Murmu and Prime Minister Narendra Modi, urging them not to proceed with the administration of oath to Justice Mishra "till the state government's concerns are adequately addressed".

Why is Punjab objecting?

The Mann government argues that the Centre bypassed the state's role in the appointment process by notifying Justice Mishra's elevation before receiving and considering Punjab's views.

According to the state government, the Memorandum of Procedure for the appointment and transfer of Chief Justices and judges of High Courts requires the Union government to obtain the views of the concerned state government after receiving the recommendation of the Chief Justice of India.

The Punjab government said the Supreme Court Collegium recommended Justice Mishra's appointment on August 6, while the state received a letter from Union Minister of State for Law and Justice Arjun Ram Meghwal on August 12 seeking its views.

The state claimed that no specific time limit had been prescribed for Punjab and the Governor to submit their response and alleged that the Centre "hurriedly notified" the appointment without waiting for the state's views.

The Cabinet resolution said the appointment was made "without obtaining the consent of the state government thereby bypassing all Constitutional norms and set procedures".

Mann also cited other disputes between Punjab and the Centre, including the withholding of the state's Rs 9,000 crore Rural Development Fund and flood relief package and changes to BBMB rules, while opposing what he described as central interference in judicial appointments.

In a post on X in Punjabi after the Cabinet meeting, Mann stated: "Today, the Punjab Cabinet unanimously passed an important resolution against the continued assault on Punjab's rights by the Central Government and the violation of constitutional norms.

"Appointing the new Chief Justice of the Punjab and Haryana High Court without obtaining the consent of the State Government is a direct violation of the prescribed procedures (Memorandum of Procedure) and constitutional norms."

He later said in the official statement, "We demand that this appointment be immediately put on hold and that, in accordance with the constitutional process, the views of the State be accorded due respect."

What does the Centre say?

The Centre has rejected Punjab's objections. Additional Solicitor General Satya Pal Jain termed the controversy "most unfortunate and totally uncalled for", saying the state had sufficient time to submit its views.

He said the Supreme Court Collegium had recommended names for the appointment of Chief Justices of eight High Courts on August 6 and that all states except Punjab had sent their views within a week.

"All the state governments except Punjab sent their views within a week... No one has the right to sit over the proposal for an indefinite period with a view to scuttle the judicial process and politicise a non- political issue," Jain said.

He also asserted that states do not have a "veto" over the appointment of High Court Chief Justices.

Justice Mishra's appointment

The Centre notified Justice Mishra's appointment on Saturday, nearly a month after the Supreme Court Collegium recommended his elevation. He has been serving as Acting Chief Justice of the Punjab and Haryana High Court since June.

Justice Mishra is scheduled to take oath as Chief Justice on Monday, with the oath to be administered by the Governor.

The Punjab Cabinet held an emergency meeting through video conferencing hours before the scheduled ceremony and resolved that both the appointment and oath should be put on hold until the state's views are obtained and considered.

Sources said Mann is unlikely to attend the oath ceremony and is scheduled to travel to Delhi to meet Punjab minister Sanjeev Arora, who is in jail in connection with money laundering charges.