Despite opposition from the Punjab government, Justice Ashwani Kumar Mishra will take the oath as Chief Justice of the Punjab and Haryana High Court today. The swearing-in ceremony is scheduled for 9:30 AM at the Punjab Lok Bhawan, and all preparations for the event have been completed.
Chief Minister Bhagwant Mann’s government has accused the Centre of disregarding constitutional procedures regarding the appointment of the new Chief Justice of the Punjab and Haryana High Court. A resolution to this effect was unanimously passed during a cabinet meeting held on Sunday. According to CM Mann, the central government appointed the new Chief Justice without obtaining the state government’s consent.
**Violation of Constitutional Norms**
The Mann government asserts that this appointment constitutes a direct violation of established procedures (the Memorandum of Procedure) and constitutional norms. Under the prescribed procedure, it is mandatory to seek the opinion of the concerned state government regarding the appointment of a High Court Chief Justice; however, this step was not taken in the case of the newly appointed Chief Justice for Punjab and Haryana. CM Mann also highlighted long-standing issues that have caused friction between the Centre and Punjab, specifically the pending Rural Development Fund (amounting to ₹9,000 crore) and flood relief funds. Furthermore, the Mann government accused the Centre of directly interfering in judicial appointments, similar to the unilateral changes made to BBMB rules.
**Centre’s Interference Will Not Be Tolerated**
CM Mann stated that this interference by the Centre would not be tolerated. He demanded that the appointment be halted immediately and that the state’s opinion be accorded due respect in accordance with constitutional processes.
It is worth noting that earlier today, Finance Minister Harpal Singh Cheema stated that the state government would write to the Punjab Governor, urging him not to administer the oath of office to the newly appointed Chief Justice, as the appointment was made while ignoring Punjab. State Government’s Opinion Not Binding
Meanwhile, Additional Solicitor General of India Satya Pal Jain termed the Punjab government’s opposition to the appointment of Justice Ashwani Sharma as the Chief Justice of the Punjab and Haryana High Court as unfortunate and unnecessary. He stated that the appointment was made by the President under Article 217(1) of the Constitution and that the established procedure for the appointment of judges was fully adhered to.
According to him, the Supreme Court Collegium had recommended the appointment on August 6, and the opinion of the Punjab and Haryana governments was sought on August 10. Haryana provided its opinion on time, whereas Punjab has not yet sent its response. He noted that while the state’s opinion is necessary, it is not binding, and the government does not possess a veto power.
Bar Association Upset Over Interference in Judiciary
In a press release issued on behalf of the Punjab and Haryana High Court Bar Association, Honorary Secretary Parampreet Singh Bajwa (Harry) expressed strong objection to the Punjab government’s opposition to the appointment of Chief Justice Ashwani Kumar Mishra. The Bar Association stated that the independence of the judiciary is part of the basic structure of the Constitution and that the executive should not exert political pressure regarding judicial appointments.
According to the Association, it is inappropriate to turn an appointment made under the constitutional process into a matter of controversy based on political differences. In an emergency meeting, the executive committee appealed to the Punjab government to respect the appointment process and uphold the dignity of the High Court. The Association resolved to stand firmly with the judiciary.
