The story so far: The Punjab Cabinet on Sunday (September 6, 2026) evening passed a resolution against the Centre notifying the appointment of Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court, claiming it was done without awaiting the State government’s views, bypassing Constitutional norms and set procedures.
What is the role of a State government in appointing the Chief Justice of the High Court?
The oath ceremony was not attended by Punjab CM Bhagwant Mann, while Haryana CM Nayab Singh Saini was present. The State government had demanded that Justice Mishra should not be administered the oath till its views are taken. The State government has a consultative role, but it does not have the power to appoint or veto the appointment of a High Court Chief Justice. In the case of a judge other than the Chief Justice, the Chief Justice of that High Court is also consulted. The State government’s role comes into the process through the Governor. However, the State’s concurrence is not required.
Under Article 217 of the Constitution, a High Court judge is appointed by the President after consultation with the Chief Justice of India (CJI) and the Governor of the State concerned. Under Article 163, the Governor ordinarily acts on the aid and advice of the Council of Ministers headed by the Chief Minister. Therefore, the views of the State government form part of the consultation with the Governor. Because it disagrees with it, therefore, the State government cannot veto a recommendation merely.
Punjab Chief Minister Bhagwant Mann also wrote separate letters to President Droupadi Murmu and Prime Minister Narendra Modi, urging the Centre not to move forward with the administration of oath to Justice Mishra, which was scheduled for Monday (September 7, 2026), “till the State government’s concerns are adequately addressed”. Article 217 uses the term “consultation”, rather than “consent” or “approval”.
