Punjab govt calls emergency cabinet meet over Centre’s appointment of HC Chief Justice

THE JHARKHAND STORY DESK

Chandigarh, September 6: The Punjab government on Sunday convened an emergency Cabinet meeting after the Centre notified the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, with the AAP government accusing the Union government of bypassing the state’s constitutional role in the process.

Chief Minister Bhagwant Mann called the meeting at 4 pm to discuss the appointment and determine the state government’s legal and constitutional course of action. The meeting was held through video conferencing as several ministers were outside Chandigarh.

The Centre had on Saturday notified Justice Mishra’s appointment following the recommendation of the Supreme Court Collegium. Justice Mishra, whose parent High Court is the Allahabad High Court, had been serving as Acting Chief Justice of the Punjab and Haryana High Court since June 2.

Punjab Finance Minister Harpal Singh Cheema accused the Centre of failing to follow the prescribed consultation process with the elected state government.

Cheema said Chief Minister Mann had received communications from Punjab Governor Gulab Chand Kataria and Union Law and Justice Minister Arjun Ram Meghwal on August 12 seeking his views on the Collegium’s recommendation.

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However, according to Cheema, the Centre notified Justice Mishra’s appointment without waiting for the Chief Minister’s response.

Cheema cited Paragraph 6 of the Memorandum of Procedure (MoP) governing the appointment of Chief Justices and High Court judges, arguing that the views of the concerned Chief Minister and state government form part of the prescribed process.

He termed the move an affront to Punjab’s federal and constitutional rights and said the state government would strongly oppose any attempt to undermine the federal structure.

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Dispute comes amid recent court-government friction

The controversy comes against the backdrop of a recent dispute between the Punjab government and the High Court.

On August 3, a bench led by Justice Mishra directed the financially stressed Punjab government to clear pending dearness allowance and dearness relief dues of employees and pensioners within two weeks. The court also restricted the government from undertaking certain expenditures, including large-scale advertising campaigns, until the dues were cleared.

The order was estimated to put a financial burden of around ₹14,100 crore on the state exchequer and triggered protests by government employees. The Punjab government has challenged the order before the Supreme Court.

Collegium recommended Mishra on August 6

The Supreme Court Collegium, headed by Chief Justice of India Surya Kant and comprising Justices Vikram Nath and BV Nagarathna, recommended Justice Mishra’s elevation on August 6.

The Collegium had also recommended full-time Chief Justices for the Bombay, Calcutta and Patna High Courts.

AAP chief Arvind Kejriwal had earlier, on August 9, raised objections to Justice Mishra’s elevation, alleging that the Collegium had overlooked judicial seniority.

Punjab cites six-week consultation window

The MoP provides for the Union Law Ministry to obtain the views of the concerned state government after a Collegium recommendation. The state government has a six-week window to convey its comments.

If no response is received within that period, the MoP provides for a deemed-consent mechanism under which the Union government can proceed on the assumption that the Governor and Chief Minister have no further comments.

Cheema alleged that the Centre moved ahead with the appointment before Punjab could use the prescribed consultation period.

The Punjab government is now weighing its legal and constitutional options following the Centre’s notification, with Sunday’s emergency Cabinet meeting expected to set the course for its next move.