A day after the Centre notified the elevation of Justice Ashwani Kumar Mishra as the chief justice of the Punjab and Haryana high court, the Punjab government on Sunday took strong exception to the decision, stating that the appointment and administration of oath to Justice Mishra should be put on hold until the state government’s views are obtained and duly considered.
In an emergency meeting via video-conferencing, the Punjab cabinet condemned the central government for bypassing the established procedure and ignoring the state’s constitutional rights in the matter. It stated that the appointment was made without obtaining the consent of the state government thereby bypassing all Constitutional norms and set procedures. After receipt of the views of the state government, the Union minister will submit proposals to the Prime Minister, who will then advise the President as to the selection,” the cabinet pointed out. 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. Mann also wrote to President Droupadi Murmu, Prime Minister Narendra Modi and Punjab governor Gulab Chand Kataria seeking their urgent intervention in the matter. Reacting to the notification, the Punjab cabinet further stated that in complete disregard to the memorandum of procedures and established Constitutional norms, the Union government hurriedly notified the appointment without awaiting response of the state government. Later on, the collegium and the law ministry changed his appointment to the Himachal Pradesh HC. As such, the feeling of perceived discrimination gets solidified in the sense that when a case of a judge of the state of Punjab is to be considered, it is dealt differently as that in a case of another judge from another high court getting appointed in the Punjab,” it claimed. Cheema alleged that the Centre did not provide adequate time to place our views on the recommendations of the collegium. However, in an unprecedented development, chief minister Bhagwant Mann is unlikely to attend Monday’s ceremony.
“The ‘Memorandum of Procedure for appointment and transfer of chief justices and judges of high court’, in its Para 6, clearly indicates that after receipt of the recommendation of the Chief Justice of India, the Union minister of law, justice and company affairs would obtain the views of the state government concerned. He said the Centre withholding Punjab’s ₹ 9,000 crore rural development funds and flood relief package, changing the BBMB rules, and now directly interfering in judicial appointments would not be tolerated. “In 2024, when a judge of Punjab and Haryana HC, Justice Gurmeet Singh Sandhawalia, was recommended by the collegium for his appointment as chief justice of Madhya Pradesh HC, the same proposal was not notified by the ministry of law and justice for more than two months and understandably on not receiving the recommendation from the Madhya Pradesh government. He said the chief minister had received formal communications from Punjab governor Gulab Chand Kataria on August 12 and Union minister for law and justice Arjun Ram Meghwal seeking his opinion on the collegium’s recommendation. Earlier reporting noted: Mishra to take oath as high court CJ today despite Punjab govt objection The oath-taking ceremony of Punjab and Haryana high court chief justice-designate Ashwani Kumar Mishra will go ahead as scheduled at Punjab Lok Bhawan here at 9.30 am on Monday, despite the Punjab government’s opposition to his appointment.
In separate letters to them, he said the state cabinet had passed a ‘resolution’ (enclosed) recommending to the Government of India not to move forward with the proposed appointment and administration of oath to Justice Mishra till the state government’s concerns were adequately addressed. It said no clear time limit was prescribed for the state and the governor to send its recommendation in the case of appointment of the chief justice. “However, surprisingly, the central government issued the notification related to Justice Mishra’s appointment without waiting for CM Mann’s response,” Cheema said, calling it an “insult not only to the chief minister but also to the people of Punjab.
Earlier in the day, cabinet minister Harpal Singh Cabinet, while addressing a press conference in Jalandhar, accused the BJP-led Centre of muzzling the state’s federal and constitutional rights. Earlier reporting noted: Punjab governor Gulab Chand Kataria will administer the oath of office. Earlier reporting noted: Traditionally, the chief ministers of both Punjab and Haryana attend the oath-taking ceremony of the chief justice of the high court.
After chairing the meeting, Mann, in a post on X, stated: “Today, the Punjab cabinet unanimously passed an important resolution against the continued assault on state’s rights by the central government and the violation of constitutional norms. Justice Mishra is scheduled to be administered oath by the governor here on Monday. Mann will leave for Delhi on Monday and is scheduled to meet jailed cabinet colleague Sanjeev Arora, according to an official spokesman.
