Chandigarh, Sep 6 (PTI) Punjab Cabinet on Sunday evening passed a resolution against the Centre’s move to notify 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.
The state cabinet resolved that the appointment and administration of oath should be put on hold until Punjab’s views are obtained and duly considered, an official statement said after a meeting of the cabinet.
The Centre notified Justice Mishra’s appointment on Saturday, 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 oath as the High Court Chief Justice by the Governor here on Monday.
Hours before the oath ceremony, the Mann government convened an emergency meeting of the cabinet through video conferencing against the Centre’s decision. 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 Bhagwant Mann is unlikely to attend the oath ceremony 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, 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.” Mann said earlier the Centre withheld state’s Rs 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.
An official statement after the cabinet meeting 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 have 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. PTI SUN VSD RT
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