A DAY AFTER the Union Government notified the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, the Punjab Government has alleged that the appointment was notified without awaiting the views of the State Government. The Punjab Government’s Cabinet has thus passed a resolution objecting to the appointment of Justice Mishra as Chief Justice of the Punjab and Haryana High Court.
Justice Mishra was administered the oath of office this morning by the Governor of Punjab.
Under the Memorandum of Procedure (‘MoP’), read with the decisions of the Supreme Court in the Second and Third Judges cases, the initiation of the proposal for the appointment of the Chief Justice of a High Court is by the Chief Justice of India in consultation with the two senior-most judges of the Supreme Court.
The CJI is also required to ascertain the views of the seniormost colleague in the Supreme Court who is conversant with the affairs of the High Court in which the recommendee has been functioning and whose opinion is likely to be significant in adjudging the suitability of the candidate.
The MoP provides that it is of no consequence whether the Judge of the Supreme Court so consulted had that High Court as his parent High Court or was transferred there from any other High Court.
The views of the judges of the Supreme Court thus consulted would then be sent by the Chief Justice of India, along with his proposal, to the Union Minister of Law, Justice and Company Affairs.
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 the proposals to the Prime Minister, who will then advise the President as to the selection. As soon as the appointment is approved by the President, the Department of Justice will announce the appointment and issue the necessary notification in the Gazette of India.
The MoP does not prescribe any timeframe within which the State Government is required to offer its views on the proposal of the Collegium.
It is reported that the Union Law Minister had sought the views of the Punjab Government on the proposal to appoint Justice Mishra as Chief Justice on August 13, but no response was forthcoming.
The recommendation to appoint Justice Mishra as Chief Justice of the Punjab and Haryana High Court was made by the Supreme Court Collegium comprising Chief Justice of India Surya Kant and Justices Vikram Nath and B.V. Nagarathna on August 6, 2026.
The Punjab and Haryana High Court Bar Association has condemned the stand of the State Government, calling it unwarranted political interference in a matter concerning the independence of the judiciary.
Justice Mishra originally comes from the Allahabad High Court and had been functioning as Acting Chief Justice of the Punjab and Haryana High Court. Justice Mishra was transferred to the Punjab and Haryana High Court on July 21, 2025.
He was appointed as an Additional Judge of the Allahabad High Court on February 3, 2015, and was made permanent on February 1, 2016.
