1 hr ago
Jain Says Punjab Had Time Before HC Chief Justice Appointment
Justice Ashwani Kumar Mishra was appointed Chief Justice of the Punjab and Haryana High Court.
The Punjab government said its opinion was not properly considered before the appointment.
Satya Pal Jain, a senior lawyer representing the central government, disagreed.
He said Punjab had enough time to send its views but did not do so.
Jain said the required appointment process was followed.
He also said state governments cannot block such appointments forever.
The High Court Bar Association criticized the Punjab government for getting involved.
The Shiromani Akali Dal also said the objections could hurt the independence of the judiciary.
Additional Solicitor General Satya Pal Jain said Punjab had sufficient time to submit views on Justice Ashwani Kumar Mishra’s appointment.
The Punjab Cabinet alleged the Centre notified the appointment without awaiting the state government’s views and bypassed constitutional procedures.
Jain said the Memorandum of Procedure was followed and state governments do not have a veto over judicial appointments.
He said Punjab and Haryana were informed on August 10; Haryana responded in favor, while Punjab had not sent its views.
The Punjab and Haryana High Court Bar Association and Shiromani Akali Dal criticized the Punjab government’s objections as threatening judicial independence.
- Who
- Justice Ashwani Kumar Mishra, the Punjab government, Additional Solicitor General Satya Pal Jain, the Punjab and Haryana High Court Bar Association, and the Shiromani Akali Dal.
- What
- A dispute arose over Justice Mishra’s appointment as Chief Justice of the Punjab and Haryana High Court.
- Where
- Punjab and Haryana, concerning the Punjab and Haryana High Court.
- When
- The controversy and statements occurred on September 6; the state governments were informed on August 10, and the Supreme Court collegium made its recommendation on August 6.
- Why
- The Punjab government said its views were not awaited and constitutional procedures were bypassed, while Jain said the prescribed process was followed and Punjab failed to respond in time.
Punjab Government’s Objection
Jain, Bar Association And Opposition Critics
Whether Punjab’s views were properly considered
Punjab Government’s Objection
The Punjab Cabinet said the appointment was notified without awaiting the state government’s views and alleged that constitutional norms and procedures were bypassed.
Jain, Bar Association And Opposition Critics
Satya Pal Jain said Punjab had sufficient time to provide its views but did not do so, while the prescribed Memorandum of Procedure was followed.
Role of state governments
Punjab Government’s Objection
Punjab’s resolution challenged the appointment process and objected to the Centre proceeding without its views.
Jain, Bar Association And Opposition Critics
Jain said state governments do not have a veto and cannot hold up judicial appointments indefinitely.
Executive involvement and judicial independence
Punjab Government’s Objection
The Punjab government treated the appointment as a matter requiring its views and raised concerns about the process.
Jain, Bar Association And Opposition Critics
The High Court Bar Association and Shiromani Akali Dal said the state government’s intervention could constitute executive overreach and undermine judicial independence and public confidence.
Key facts
- Appointee
- Justice Ashwani Kumar Mishra
- Office
- Chief Justice of the Punjab and Haryana High Court
- Appointment authority
- The appointment was made by President Droupadi Murmu, according to Satya Pal Jain.
- Collegium recommendation
- The Supreme Court collegium recommended the appointment on August 6.
- State governments informed
- Punjab and Haryana were informed and asked for their views on August 10.
- Punjab’s response
- Jain said Punjab had not sent its views as of September 6.
- Haryana’s response
- Jain said Haryana sent views supporting the proposal on August 12 and 13.
Quotes
Daljit Singh Cheema
Shiromani Akali Dal leader criticizing the Punjab government
“Punjab CM Bhagwant Mann’s objections to the appointment of Justice Ashwani Mishra as Chief Justice of the Punjab & Haryana High Court are deeply concerning and must be condemned in the strongest terms.”
theprint.in
“No one has the right to sit over the proposal for an indefinite period, with a view to scuttling the judicial process and politicising the non-political issue.”
theprint.in
Sources
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