New Delhi: The Aam Aadmi Party (AAP)-led Punjab government is yet to share its opinion with the Centre on the Supreme Court collegium’s resolution to appoint acting Chief Justice Ashwani Kumar Mishra as full-time chief justice of the Punjab & Haryana High Court, ThePrint has learnt.
The Chief Justice of India (CJI) Surya Kant-led collegium of top five judges had recommended Justice Mishra’s name more than a fortnight ago. On 6 August, the collegium had approved four chief justices for different high courts.
Delhi High Court (HC) judge V Kameswar Rao was recommended as chief justice for Patna HC, Bombay HC judge Ravindra V. Ghuge for Calcutta HC, Allahabad HC judge M.C. Tripathi was cleared for Bombay HC and Justice Mishra, who too comes from Allahabad, was confirmed to lead the Punjab & Haryana HC.
Justice Mishra had joined the Punjab & Haryana HC in July 2025 and took over as acting chief justice on 1 June this year, following the elevation of Justice Sheel Nagu to the Supreme Court.
Under Article 217 (1) of the Constitution, the President appoints a High Court judge after consulting the CJI and the governor of the state where the appointment is being made. Since the Article says that the governor will be consulted before the appointment, the collegium’s file finalising a chief justice or judge’s appointment is always sent to the state government for an opinion.
The memorandum of procedure (MoP), which is the rulebook for appointment of judges, prescribes a six-week timeline for the state to share its views on an HC judge’s appointment. But no such deadline is given in the case of a chief justice.
Sources in the know said that the state’s opinion deserves weightage in the case of an HC judge’s appointment because inputs about the candidate’s background are shared by the state police. But in the case of a chief justice post, the state’s opinion is of little concern since the judge recommended is senior in position and requires no background check.
Sources further said that the Centre has already informed the CJI about the delay on the Punjab government’s part. They added that the Centre is expected to write to the Punjab government, asking it to expedite the process.
A source familiar with the matter also explained that since the state’s opinion is not binding, the Centre can proceed with the appointment.
“The Punjab government is misconstruing the law. Not having a timeline doesn’t mean that the state can sit over the file for an indefinite period,” said another source.
Judge who ordered AAP govt to clear DA arrears
Following the collegium’s recommendation, former Delhi chief minister and AAP chief Arvind Kejriwal had shared his reservations over Justice Mishra’s elevation as chief justice of Punjab & Haryana HC.
In an X post on 9 August, Kejriwal had claimed that the appointment involved “bypassing seniority”.
“It seems there is a tearing hurry to go to SC. Should judges be allowed SC elevation out of turn, bypassing seniority? That makes him vulnerable to quid pro quo,” Kejriwal wrote. He went on to question what was examined before a judge was elevated to the Supreme Court and asked whether it was “loyalty to the emperor”.
Two days before the collegium recommendation, a Justice Mishra-led two-judges bench had ordered the Punjab government to clear pending dearness allowance (DA) arrears to employees and pensioners within a fortnight.
It had dismissed the Punjab government and the Punjab State Power Corporation Limited’s (PSPCL’s) appeals against a single judge bench’s order directing the release of dues.
Justice Mishra’s bench had also barred the state from “unproductive expenditures”, such as large-scale social media or print advertisements, stating that these costs cannot be justified while denying employees their dues.
(Edited by Gitanjali Das)
Also Read: Days after Justice Mehta’s letters to CJI, Collegium picks Sanjay Agrawal as Rajasthan Chief Justice