Punjab cabinet opposes HC chief justice appointment, says consent not obtained

The cabinet alleged the Centre bypassed the prescribed procedure by notifying the appointment without awaiting the state government’s views.

The Punjab government on Sunday opposed the appointment of Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court, demanding that the appointment should be put on hold until the state government’s views are obtained and duly considered.

Justice Ashwani Kumar Mishra. (HT Photo)

The Centre had notified the appointment on Saturday, nearly a month after the Supreme Court Collegium’s recommendation.

Punjab cabinet flags alleged procedural violation

In an urgent meeting via video-conferencing, the Punjab cabinet condemned the Centre for bypassing the established procedure and ignoring the state’s constitutional rights, alleging that the appointment was made without the state’s consent.

"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. 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 said.

Mann demands appointment be put on hold

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. 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.”

“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,” he added.

State says Centre acted without awaiting response

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. 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.