The Punjab Cabinet on Sunday (September 6, 2026) evening passed a resolution against the Centre notifying the appointment of Ashwani Kumar Mishra as the Chief Justice of Punjab and Haryana High Court, claiming it was done without awaiting the State government’s views bypassing Constitutional norms and set procedures.
Punjab Chief Minister Bhagwant Mann also wrote separate letters to President Droupadi Murmu and Prime Minister Narendra Modi, urging the Centre not to move forward with the administration of oath to Justice Mishra, which is scheduled for Monday (September 7, 2026), “till the state government’s concerns are adequately addressed”.
However, Additional Solicitor General of India, Satya Pal Jain, said the controversy raised by the Punjab Government over the appointment is “most unfortunate and totally uncalled for”, and asserted that the State had sufficient time to send its views.
He said the Supreme Court collegium on August 6 recommended the names for the appointment of Chief Justice of eight high courts.
“All the state governments except Punjab sent their views within a week… No one has the right to sit over the proposal for an indefinite period with a view to scuttle the judicial process and politicise a non- political issue,” Mr. Jain said in a statement and added that states do not hold a “veto” power on these appointments.
The Centre notified Justice Mishra’s appointment on Saturday (September 5, 2026), about a month after the Supreme Court Collegium had recommended his elevation. He has been functioning as the Acting Chief Justice of the High Court here since June and is scheduled to be administered the oath as the High Court Chief Justice by the Governor here on Monday (September 7, 2026).
Hours before the oath ceremony, the Mann government convened an emergency meeting of the cabinet through video conferencing against the Centre’s decision.
State’s constitutional rights
An official statement after the meeting of the State cabinet said it had resolved that the appointment and administration of oath should be put on hold until Punjab’s views are obtained and duly considered.
The cabinet strongly condemned “another instance” of central government “bypassing” the state’s constitutional rights and established procedure, the statement said.
Sources said Chief Minister Mann is unlikely to attend the oath ceremony on Monday (September 7, 2026) and is leaving for Delhi to meet Punjab Minister Sanjeev Arora, who is in jail on money laundering charges.
In a post on X in Punjabi after the meeting, Mr. Mann stated: “Today, the Punjab Cabinet unanimously passed an important resolution against the continued assault on Punjab’s rights by the Central Government and the violation of constitutional norms.
“Appointing the new Chief Justice of the Punjab and Haryana High Court without obtaining the consent of the State Government is a direct violation of the prescribed procedures (Memorandum of Procedure) and constitutional norms.” Mr. Mann, in his letters, requested urgent intervention in the matter by the President and the Prime Minister.
According to the official statement issued after the cabinet meeting, Mr. Mann said earlier the Centre withheld the State’s ₹9,000 crore Rural Development Fund (RDF) and flood relief package, changing the BBMB rules, “and now its direct interference in judicial appointments will not be tolerated”.
“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,” he said.
The statement said that “the ‘Memorandum of Procedure for appointment and transfer of Chief Justices and Judges of High Court’, in its Para 6, clearly indicates that after receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs would obtain the views of the concerned State Government.
“After receipt of the views of the State Government, the Union Minister of Law, Justice and Company Affairs, will submit proposals to the Prime Minister, who will then advise the President as to the selection.
“…In the instant case, the Collegium of the Supreme Court of India vide minutes dated August 6, 2026, has 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 the letter from Shri Arjun Ram Meghwal, Minister of State for Law & Justice, for the consent of the State of Punjab in terms of Para 6 of the ‘Memorandum showing the procedure for appointment and transfer of Chief Justices and Judges of the High Court’,” it added.
The statement said that no clear time limit is prescribed for the State and the Governor to send its recommendation in the case of appointment of the Chief Justice.
“In complete disregard to the Memorandum of Procedures and established Constitutional norms, the Centre has hurriedly notified the appointment of the Chief Justice of Punjab and Haryana High Court without awaiting response of the State Government.” “This appointment has been made without obtaining the consent of the state government thereby bypassing all Constitutional norms and set procedures,” the statement said.
Published – September 07, 2026 05:38 am IST
