Punjab government yet to respond to collegium's recommendation for Punjab & Haryana HC chief justice

Delay in Chief Justice Appointment

The appointment of Justice Ashwani Kumar Mishra as the full-time chief justice of the Punjab and Haryana High Court appears to have hit a snag, with the Aam Aadmi Party-led Punjab government yet to convey its views on the Supreme Court collegium’s recommendation to the Centre, more than a fortnight after it was forwarded to the state.

According to people aware of the matter, the Union law ministry sent the collegium’s recommendation to the Punjab government for comments, but the state has not yet responded. One person cited by Hindustan Times said the Bhagwant Mann government was understood to be “still gathering relevant inputs” on Justice Mishra and would share its views after that exercise is completed.

The delay is significant because it places the judicial appointment process at the intersection of a sensitive political dynamic: Punjab is governed by the AAP while the Union government is led by the BJP.

The Supreme Court collegium, headed by Chief Justice of India Surya Kant and comprising Justices Vikram Nath and BV Nagarathna, recommended Justice Mishra’s appointment on August 6, along with three other full-time chief justices for the Bombay, Calcutta and Patna high courts. Justice Mishra has been serving as acting chief justice of the Punjab and Haryana High Court since June 2, following the elevation of his predecessor, Justice Sheel Nagu, to the Supreme Court.

Legal Framework and State's Role

Under Article 217(1) of the Constitution, the President appoints a High Court judge after consulting the Chief Justice of India and the governor of the state concerned. Because the governor’s consultation is required, the collegium’s file on a chief justice or judge’s appointment is always sent to the state government for its opinion.

The memorandum of procedure (MoP), the rulebook for judicial appointments, prescribes a six-week timeline for a state to share its views on a High Court judge’s appointment. However, no such deadline exists for the appointment of a chief justice, according to ThePrint.

Sources said the state’s opinion carries weight in the case of a High Court judge because the state police share background inputs on the candidate. But for a chief justice post, the state’s opinion is of little concern, as the recommended judge is senior and requires no background check. The same sources said the Centre has already informed the Chief Justice of India about the delay and is expected to write to the Punjab government to expedite the process. Since the state’s opinion is not binding, the Centre can proceed with the appointment, one source explained.

“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,” another source told ThePrint.

Kejriwal's Objections

The collegium’s recommendation itself drew criticism from former Delhi chief minister and AAP chief Arvind Kejriwal, who on August 9 questioned the elevation of Justice Mishra, alleging that it involved “bypassing seniority.” In a social media post, Kejriwal said, “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’s comments also included concerns about “loyalty to the emperor” and the “weaponisation of courts,” as reported by Hindustan Times.

Justice Mishra's Recent Rulings

Justice Mishra has also been in the news for a recent judgment. A two-judge bench led by him ordered the Punjab government to clear pending dearness allowance (DA) arrears to employees and pensioners within a fortnight. The bench dismissed appeals by the Punjab government and the Punjab State Power Corporation Limited against a single judge’s order, according to ThePrint.

Outlook

While the MoP does not set a timeline for state responses in chief justice appointments, the legal framework allows the Centre to proceed despite the lack of a response. However, the delay has already drawn attention to the political dynamics between the state and central governments. It remains to be seen how the Punjab government responds and whether the appointment proceeds in the near future.