Punjab Govt. protests Ashwani Kumar Mishra’s appointment as HC Chief Justice, asks Center to stop swearing-in ceremony

The Punjab Cabinet on Sunday (September 6, 2026) evening passed a resolution against the Center announcing the appointment of Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court, saying it was done without waiting for the views of the state government bypassing constitutional norms and set procedures.

Punjab Chief Minister Bhagwant Mann also wrote separate letters to President Droupadi Murma and Prime Minister Narendra Modi urging the Center not to go ahead with the swearing-in of Justice Mishra, scheduled for Monday (September 7, 2026), “until the state government’s concerns are adequately addressed”.

However, the Additional Solicitor General of India, Satya Pal Jain, said that the challenge raised by the Punjab government over the appointment was “most unfortunate and wholly uncalled for”, saying that the state had had ample time to submit its views.

He said the Supreme Court collegium had on August 6 recommended names for appointment as Chief Justice of eight High Courts.

“All the state governments except Punjab have sent their views within a week… No one has the right to sit on the motion indefinitely to scuttle the judicial process and politicize a non-political issue,” Mr Jain said in a statement, adding that states do not have a veto on the appointments.

The Center announced Justice Mishra’s appointment on Saturday (September 5, 2026), about a month after the Supreme Court Bench recommended his elevation. He has been serving as the Acting Chief Justice here since June and the Governor is expected to be sworn in as the Chief Justice here on Monday (September 7, 2026).

Hours before the swearing-in ceremony, Mann’s government called an emergency cabinet meeting through video conferencing against the Centre’s decision.

Constitutional rights of the state

An official statement after the state cabinet meeting said it was decided that the appointment and swearing-in should be delayed until the views of Punjab were obtained and properly considered.

The cabinet strongly condemned “yet another example” of the central government “circumventing” the state’s constitutional rights and established procedure, the statement said.

Sources said Chief Minister Mann is unlikely to attend the swearing-in ceremony on Monday (September 7, 2026) and is leaving for Delhi to meet Punjab Chief Minister Sanjeev Arora, who is in jail on money laundering charges.

In a post on X in Punjabi after the meeting, Mr Mann said: “The Punjab Cabinet today unanimously passed an important resolution against the continued attacks on the rights of Punjab by the Central Government and violation of constitutional norms.

“The appointment of a new Chief Justice of the Punjab and Haryana High Court without obtaining the approval of the state government is in direct violation of the prescribed procedures (Memorandum of Procedure) and constitutional norms.” In his letters, Mr. Mann requested urgent intervention in the matter by the President and the Prime Minister.

According to an official statement issued after the Cabinet meeting, Mr Mann had earlier said that the Center had withheld ₹9,000 crore of the state’s Rural Development Fund (RDF) and the flood relief package, changing BBMB rules, “and now its direct interference in the appointment of judges will not be tolerated”.

“We demand that this appointment be immediately set aside and that, in accordance with the constitutional process, the views of the state be duly respected,” he said.

The statement said that the “Memorandum on Procedure for Appointment and Transfer of Chief Justices and Judges of the Supreme Court” clearly states in its paragraph 6 that after receiving the recommendation of the Chief Justice of India, the Union Minister for Law, Justice and Commercial Affairs shall seek the views of the concerned State Government.

“After receiving the views of the state government, the Union Minister for Law, Justice and Commercial Affairs submits proposals to the Prime Minister, who then advises the President on the selection.

“…In the instant case, the Collegium of the Supreme Court of India vide vide vide order dated 6th August, 2026 recommended the appointment of Justice Ashwani Kumar Mishra, Acting Chief Justice of the Punjab and Haryana High Court, as the Chief Justice of the Punjab and Haryana High Court.

“On August 12, the State of Punjab received a letter from Shri Arjun Ram Meghwal, Minister of State for Law and Justice, with the consent of the State of Punjab in terms of Para 6 of the ‘Memorandum on Procedure for Appointment and Transfer of Chief Justices and Judges of the Supreme Court’,” it added.

The statement said there is no clear deadline for the state and the governor to send their recommendations in the case of a chief justice appointment.

“In complete disregard of the memorandum of procedures and established constitutional norms, the Center hastily announced the appointment of the Chief Justice of Punjab and the Haryana High Court without waiting for the state government’s response.” “This appointment was made without obtaining the approval of the state government, bypassing all constitutional norms and laid down procedures,” the statement said.

Published – 07 Sep 2026 05:38 IST