State consent not taken, put High Court Chief Justice appointment on hold: Punjab Government

The Punjab Government has halted the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court following a resolution passed by the state Cabinet. The decision comes after the Central Government appointed Mishra without obtaining the state government's consent, as required by the Memorandum of Procedure (MoP) for such appointments.

The Punjab Cabinet, led by Chief Minister Bhagwant Singh Mann, argued that the appointment was a breach of Punjab's constitutional rights and established procedures. The state government's statement emphasized that the appointment was made without consulting Punjab, thus bypassing all constitutional norms and set procedures. The Cabinet demanded that the appointment and administration of oath be put on hold until Punjab's views are obtained and duly considered.

Justice Mishra is expected to be sworn in on Monday, following his appointment by the Supreme Court Collegium on August 6. The state government highlighted the delay in the appointment process, which it attributed to the Central Government's delay in obtaining the state's consent. The Punjab Cabinet also cited past instances of the Central Government infringing on Punjab's rights, including withholding funds and changing rules.

The Punjab and Haryana High Court Bar Association opposed the state government's stance, warning that it could be seen as Executive overreach into a matter governed by constitutional process for judicial appointments.