Justice Ashwani Kumar Mishra was sworn in as the 37th Chief Justice of the Punjab and Haryana High Court on Monday, September 7, despite strong opposition from the Punjab government over the procedure followed for his appointment.
Punjab Governor Gulab Chand Kataria administered the oath of office to Justice Mishra at Punjab Lok Bhawan in Chandigarh. The ceremony was attended by Haryana Chief Minister Nayab Singh Saini, Haryana Governor Ashim Kumar Ghosh, senior judicial officers and other officials. Punjab Chief Minister Bhagwant Mann and his ministers, however, stayed away from the event.
Punjab Government Had Opposed Appointment
The swearing-in came a day after the Punjab Cabinet passed a resolution opposing the Centre's decision to appoint Justice Mishra as Chief Justice.
The AAP government argued that Punjab's views were not obtained and considered before the appointment was finalised. The state sought a deferment of the oath ceremony until its concerns were addressed.
Mann had also written to President Droupadi Murmu, Prime Minister Narendra Modi and Punjab Governor Gulab Chand Kataria over the issue. The Punjab government maintained that the appointment process did not follow the procedure prescribed under the Memorandum of Procedure for judicial appointments.
Centre Rejects Punjab's Objections
The Centre has rejected the Punjab government's interpretation of the appointment process.
Additional Solicitor General Satya Pal Jain described the state's objections as “unfortunate and uncalled for” and maintained that the prescribed procedure had been followed. He also argued that the state government's views do not amount to a veto over the appointment of a High Court Chief Justice.
The dispute has therefore developed into a larger disagreement between the Punjab government and the Centre over the role of state governments in the appointment process for High Court chief justices.
Justice Mishra Had Been Acting Chief Justice
Justice Ashwani Kumar Mishra had been functioning as the Acting Chief Justice of the Punjab and Haryana High Court since June 2, before his appointment as the regular Chief Justice.
The Supreme Court Collegium recommended his elevation in August. The Centre subsequently notified his appointment, following which the Punjab government intensified its objections.
Justice Mishra had earlier served as a judge of the Allahabad High Court before being transferred to the Punjab and Haryana High Court, where he joined in July 2025. He was enrolled as an advocate in 1993 and was designated a Senior Advocate in 2013.
Mann Skips Oath Ceremony
Mann's absence was particularly significant because the Punjab government had publicly opposed the appointment just one day earlier.
Haryana Chief Minister Nayab Singh Saini attended the ceremony along with Haryana Governor Ashim Kumar Ghosh. The presence of representatives from Haryana contrasted with the absence of Punjab's political executive.
Reports said the chair reserved for the Punjab Chief Minister remained vacant during the ceremony, underlining the disagreement between the state government and the Centre. (Hindustan Times)
Dispute Goes Beyond the Appointment
The controversy comes against the backdrop of continuing Centre-Punjab tensions over constitutional and administrative issues.
Punjab's government has argued that consultation with the state is an important part of the established process for appointments affecting its High Court. The Centre, on the other hand, maintains that the state can provide its views but does not possess a power to block or veto a judicial appointment.
The disagreement is now likely to remain a political and constitutional issue even after Justice Mishra's assumption of office.
Justice Mishra Takes Charge Amid Row
With Monday's oath ceremony, Justice Ashwani Kumar Mishra has formally assumed charge as the Chief Justice of the Punjab and Haryana High Court.
His appointment has proceeded despite the Punjab Cabinet's request for a pause, leaving the underlying disagreement over the appointment process unresolved. The immediate focus will now shift to the functioning of the High Court under its new Chief Justice, while the political dispute between the Punjab government and the Centre continues.
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