The Punjab Cabinet, chaired by Chief Minister Bhagwant Singh Mann on Sunday, September 6, 2026, demanded that the appointment and swearing-in of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court be suspended pending the collection and evaluation of the State Government’s perspectives, as detailed in reports from babushahi.com and the administration of Punjab.
Procedural Disagreement Over High Court Appointment
The controversy stems from a procedural disagreement between state and central authorities regarding high court judicial appointments. The Supreme Court Collegium initially put forward its recommendation for Justice Mishra’s elevation on August 6, 2026. Subsequently, the Central government cleared this recommendation on a Saturday night and officially notified his appointment just hours before Justice Mishra was scheduled to take his oath of office on a Sunday.
According to official details provided by the Punjab Government, the selection was officially promulgated prior to receiving any reply from the State Government regarding the submitted proposal. The government stated that under Paragraph 6 of the Memorandum of Procedure (MOP) for the appointment and transfer of Chief Justices and judges of High Courts, the Union Minister of Law, Justice and Company Affairs is required to obtain the views of the concerned State government after receiving a recommendation from the Chief Justice of India.
Did You Know? The Punjab Government noted that no clear time limit is prescribed for the State and the Governor to send their recommendations in the case of the appointment of a High Court Chief Justice.
Citing Previous Precedents and Perceived Discrimination
To support its demand, the Punjab Cabinet highlighted the 2024 case of Justice Gurmeet Singh Sandhawalia, who had been recommended to be appointed as the Chief Justice of the Madhya Pradesh High Court. The Punjab government stated that this proposal was not notified by the Ministry of Law and Justice for more than two months because the Madhya Pradesh State Government’s recommendation was not received. Justice Sandhawalia was later appointed to the Himachal Pradesh High Court.
The Punjab government stated that this demonstrated that the Centre was discriminating against Punjab. According to the state government’s statement, “As such, the feeling of perceived discrimination gets solidified in the sense that when a case of a Judge of the State of Punjab is to be considered, it is dealt differently as that in a case of another Judge from another High Court getting appointed in the State of Punjab.”
Broader Disputes and Cabinet Demands
Chief Minister Bhagwant Singh Mann took to X to state that the Cabinet had unanimously passed a resolution against what he described as a “continued assault on Punjab’s rights” by the Centre, according to babushahi.com. Chief Minister Mann connected this controversy over the judicial posting to several separate ongoing conflicts between Punjab and federal authorities, encompassing the contested retention of upwards of ₹9,000 crore in Rural Development Fund finances, the financial assistance package designated following the 2025 deluge events, and alterations affecting the governance guidelines of the Bhakra Beas Management Board.
The Punjab government stated that though its views were sought by Union Minister of State for Law and Justice Arjun Ram Meghwal on August 12, the Union government hurriedly notified the appointment without awaiting its response. Consequently, the provincial administration maintained that it was vital to freeze Justice Mishra’s formal installation and oath-taking ceremony until the proper administrative channels secure and adequately review the official stance of the State of Punjab.
Frequently Asked Questions
What is the main grievance of the Punjab government regarding Justice Ashwani Kumar Mishra’s appointment?
The Punjab government stated that the Central government notified the appointment of Justice Mishra as Chief Justice of the Punjab and Haryana High Court without awaiting the state’s response, violating the consultation process required by the Memorandum of Procedure.
Which provision of the Memorandum of Procedure does the Punjab government cite?
The provincial administration’s protest relies fundamentally on Section 6 of the Memorandum of Procedure, which mandates that the Union Law Minister must collect feedback from the relevant State government subsequent to getting the Chief Justice of India’s nomination prior to forwarding any recommendations forward to the Prime Minister.
What prior case did the Punjab cabinet cite to support its claim of discrimination?
The Cabinet cited the 2024 case of Justice Gurmeet Singh Sandhawalia, noting that his proposed appointment to the Madhya Pradesh High Court was left unnotified for over two months while awaiting that state’s response, before he was eventually appointed to the Himachal Pradesh High Court.
How will this procedural dispute between the state and central authorities ultimately impact judicial administration in the region?
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