Justice Ashwani Kumar Mishra was sworn in as chief justice of the Punjab and Haryana high court on Monday morning, an event conspicuously skipped by Punjab chief minister Bhagwant Mann.
The ceremony was attended by Haryana governor Ashim Kumar Ghosh, chief minister Nayab Singh Saini, sitting judges of the high court, and senior officials from both states. Shiromani Akali Dal MLA Ganieve Kaur Majithia was also present. Punjab chief secretary KAP Sinha conducted the proceedings. However, Mann and his cabinet colleagues were absent, leaving the chair reserved for the Punjab CM on the dais empty. Conventionally, chief ministers of both stakeholder states attend the swearing-in of a high court chief justice.
The clause requires the state government’s views to be obtained post-Supreme Court Collegium recommendation and prior to sending the proposal to the Prime Minister for executive decision. “This amounts to trying to challenge and undermine the independence of the judiciary. Does AAP want a judiciary of its own choice?” he asked.
Following an emergency cabinet meeting on Sunday, the Punjab government opposed the elevation, alleging it violated Para 6 of the Memorandum of Procedure (MoP). Demanding the swearing-in be paused, the state said it received a letter from Union minister of state for law Arjun Ram Meghwal on August 12 seeking consent. The collegium had recommended Justice Mishra’s name on August 6, but the notification was issued without waiting for Punjab’s input.
Countering these claims, additional solicitor general Satya Pal Jain termed the state’s stance “unfortunate and uncalled for,” emphasising that the President made the appointment under Article 217(1) of the Constitution. Jain said the procedure was strictly followed, adding that state views are non-binding and do not grant “veto” power over judicial appointments. Reacting to CM Mann’s objection, Punjab Congress president Amarinder Singh Raja Warring said this was unprecedented that the state government was opposing the appointment of an HC chief justice. BJP’s Rajya Sabha member Tarun Chugh slammed CM Mann, saying the Constitution does not give his government a “political veto” over the selection. In a post on X, Chugh said the judiciary is not the political office of the AAP, and its independence cannot be compromised to serve the political interests of the ruling party. Former Union law minister Ashwani Kumar said the controversy should have been avoided as it negatively impacts inter-institutional and Centre-state relations. In a statement, he said that while the views of state governments are sought on the proposed appointment of high court judges, they are not binding on the Centre or the President.
