Punjab Cabinet seeks hold on Justice Ashwani Kumar Mishra’s appointment as High Court Chief Justice
Babushahi Bureau
Chandigarh, September 6, 2026: The Punjab Cabinet, chaired by Chief Minister Bhagwant Singh Mann, on Sunday demanded that the appointment and swearing-in of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court be kept on hold until the State Government’s views are obtained and considered.
The Cabinet accused the BJP-led Central Government of bypassing Punjab’s constitutional rights and the prescribed procedure for appointing Chief Justices of High Courts.
According to the Punjab Government, the appointment was notified without awaiting the State Government’s response to the proposal, despite the Memorandum of Procedure (MOP) requiring the views of the concerned State Government to be obtained before the proposal proceeds to the Prime Minister for Presidential decision.
Taking to X, Chief Minister Bhagwant Mann said the Cabinet had unanimously passed a resolution against what he described as the “continued assault on Punjab’s rights” by the Centre.
Mann alleged that appointing the new Chief Justice without obtaining the State Government’s consent amounted to a violation of the prescribed procedure and constitutional norms.
He also linked the issue to several other disputes between Punjab and the Centre, including the alleged withholding of more than ₹9,000 crore in Rural Development Fund (RDF) dues, the flood relief package announced after the 2025 floods and changes to the rules governing the Bhakra Beas Management Board (BBMB).
“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,” Mann said.
Punjab Government Cites MOP Para 6
The Chief Minister’s Office said the State’s objection was based primarily on Paragraph 6 of the Memorandum of Procedure for the appointment and transfer of Chief Justices and judges of High Courts.
According to the Punjab Government, the provision requires the Union Law Minister to obtain the views of the concerned State Government after receiving the recommendation of the Chief Justice of India. The proposal is then submitted to the Prime Minister, who advises the President on the appointment.
The State Government said the Supreme Court Collegium, in its minutes dated August 6, 2026, recommended Justice Ashwani Kumar Mishra, then Acting Chief Justice of the Punjab and Haryana High Court, for appointment as Chief Justice.
The Punjab Government said it received a communication from Union Minister of State for Law and Justice Arjun Ram Meghwal on August 12 seeking its views on the proposal under Paragraph 6 of the MOP.
However, the Cabinet alleged that the Centre notified Justice Mishra’s appointment without waiting for Punjab to communicate its response.
The Punjab Government further argued that there is no clearly prescribed time limit for the State Government or Governor to communicate their views in the case of appointment of a High Court Chief Justice.
Government Cites 2024 Example
The Cabinet also referred to the case of Justice Gurmeet Singh Sandhawalia in 2024 to allege “perceived discrimination” in the handling of judicial appointments involving Punjab.
It said Justice Sandhawalia, then a judge of the Punjab and Haryana High Court, had been recommended by the Supreme Court Collegium for appointment as Chief Justice of the Madhya Pradesh High Court.
According to the Punjab Government, the proposal was not notified by the Union Law Ministry for more than two months while the recommendation of the Madhya Pradesh Government was awaited. The Collegium and the Law Ministry subsequently changed the proposed appointment to the Himachal Pradesh High Court.
The Punjab Cabinet said the episode had contributed to a perception that appointments involving judges from Punjab were being treated differently.
Cabinet Raises Wider Federalism Concerns
The Cabinet also cited several other issues in its criticism of the Centre, including changes to the BBMB rules, the proposed centralisation of Punjab University, withholding of RDF dues and the non-disbursement of the ₹1,600-crore flood relief package announced after the devastating floods of 2025.
The State Government alleged that these decisions represented repeated interference with Punjab’s constitutional rights and the federal structure.
The Cabinet ultimately resolved that Justice Mishra’s appointment and administration of oath should remain on hold until Punjab’s views are obtained and duly considered by the competent authority.
It said the process could thereafter proceed in accordance with the procedure prescribed under the Memorandum of Procedure.
The demand comes amid a growing dispute between the Punjab Government and the Centre over the appointment of the next Chief Justice of the Punjab and Haryana High Court.