3 hrs ago
Punjab Challenges Mishra Appointment, Seeks Pause on Oath Ceremony
The Centre announced that Justice Ashwani Kumar Mishra would become the Chief Justice of the Punjab and Haryana High Court.
The Supreme Court Collegium had recommended him for the position on August 6.
Punjab’s government says it was asked for its opinion but the Centre announced the appointment before receiving its response.
It says this did not follow the procedure described in the Memorandum of Procedure.
The Punjab Cabinet wants the appointment and Monday’s oath ceremony to be delayed.
The Centre’s lawyer, Satya Pal Jain, disagrees and says Punjab had enough time to send its views.
Chief Minister Bhagwant Mann asked the President and Prime Minister to intervene.
Mishra has been serving as the court’s Acting Chief Justice since June.
The Punjab Cabinet opposed the Centre’s notification appointing Justice Ashwani Kumar Mishra Chief Justice of the Punjab and Haryana High Court.
Punjab said the appointment was notified without awaiting the state government’s views under Paragraph 6 of the Memorandum of Procedure.
The cabinet asked that the appointment and Monday’s oath ceremony be paused until Punjab’s views are obtained and considered.
Additional Solicitor General Satya Pal Jain called Punjab’s objection “most unfortunate and totally uncalled for,” saying the state had sufficient time to respond.
Chief Minister Bhagwant Mann wrote to President Droupadi Murmu and Prime Minister Narendra Modi seeking intervention and may skip the oath ceremony.
- Who
- The Punjab Cabinet, Chief Minister Bhagwant Mann, Justice Ashwani Kumar Mishra, the Centre, and Additional Solicitor General Satya Pal Jain are central to the dispute.
- What
- Punjab objected to Mishra’s appointment as Chief Justice and asked that the appointment and oath ceremony be put on hold.
- Where
- The dispute concerns the Punjab and Haryana High Court, and the cabinet meeting was held by video conference in Punjab.
- When
- The Centre notified the appointment on Saturday; Punjab’s Cabinet passed its resolution on Sunday, September 6, 2026, before the oath ceremony scheduled for Monday.
- Why
- Punjab says the Centre proceeded without awaiting the state’s views, while the Centre’s representative says Punjab had sufficient time to respond and no state has veto power over the appointment.
Punjab Government’s Objection
Centre’s Defence
State consultation
Punjab Government’s Objection
Punjab says the Centre should have waited for the state government’s views before notifying the appointment, as provided in Paragraph 6 of the Memorandum of Procedure.
Centre’s Defence
Satya Pal Jain says all states except Punjab sent their views within a week and that Punjab had sufficient time to respond.
Constitutional procedure
Punjab Government’s Objection
The Punjab Cabinet says proceeding without the state’s response bypassed constitutional norms, established procedures, and Punjab’s constitutional rights.
Centre’s Defence
Jain says no state has veto power over High Court chief justice appointments and accused Punjab of sitting on the proposal indefinitely.
Oath ceremony
Punjab Government’s Objection
Punjab’s cabinet and Bhagwant Mann asked that Monday’s oath ceremony be stopped until the state’s concerns are addressed.
Centre’s Defence
The Centre notified the appointment and the Governor’s administration of the oath was scheduled to proceed; the articles do not report a further Centre response on postponing the ceremony.
Key facts
- Appointee
- Justice Ashwani Kumar Mishra
- Court
- Punjab and Haryana High Court
- Current role
- Acting Chief Justice since June
- Collegium recommendation
- Recommended on August 6, 2026
- State consultation letter
- Punjab received a letter from Minister of State for Law and Justice Arjun Ram Meghwal on August 12, 2026
- Scheduled oath
- The Governor was scheduled to administer the oath on Monday
- Punjab’s demand
- Put the appointment and oath ceremony on hold until the state’s views are obtained and considered
- Centre’s response
- Additional Solicitor General Satya Pal Jain said Punjab had sufficient time to send its views and that states do not have veto power
Quotes
Satya Pal Jain
Additional Solicitor General of India
“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.”
theprint.in
“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”
theprint.in
Sources
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