The Punjab Cabinet has passed a resolution objecting to the appointment of Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court, alleging that the Union Government notified the appointment without seeking or considering the State Government’s views.

The Cabinet has urged that Justice Mishra’s oath-taking and assumption of administrative responsibilities be kept on hold until Punjab’s views on the appointment are obtained and duly considered.

The President had notified Justice Mishra’s appointment as Chief Justice following the recommendation of the Supreme Court Collegium. The Union Government cleared the Collegium’s recommendation on Saturday night, paving the way for his appointment.

The Punjab Government alleged that the Union Law Ministry acted in haste by notifying the appointment without waiting for the State’s response.

In its resolution, the Cabinet took “serious exception” to the appointment and claimed that the alleged departure from the prescribed procedure under the Memorandum of Procedure (MoP) raised concerns of unequal treatment of Punjab.

The State Government referred to the case of Justice Gurmeet Singh Sandhawalia, who had been recommended in 2024 for appointment as Chief Justice of the Madhya Pradesh High Court. According to Punjab, the proposal was not notified for over two months as the Ministry of Law and Justice had not received the recommendation from the Madhya Pradesh Government.

Justice Sandhawalia was subsequently appointed Chief Justice of the Himachal Pradesh High Court.

Punjab contended that the differing treatment in the two cases had reinforced a perception of discrimination against the State.

The Cabinet resolution stated that the appointment and administration of oath to Justice Mishra should be deferred until Punjab’s views are obtained and duly considered.

Punjab Chief Minister Bhagwant Mann also criticised the Centre, alleging that the Union Government was repeatedly undermining the rights of Punjab. He claimed that appointing the Chief Justice without obtaining the State Government’s consent amounted to a violation of the prescribed procedure under the Memorandum of Procedure and constitutional norms.

Justice Ashwani Kumar Mishra was enrolled as an advocate on May 8, 1993, and was designated a Senior Advocate in 2013. He was appointed an Additional Judge of the Allahabad High Court on February 3, 2014, and became a permanent Judge on February 1, 2016.

He was transferred to the Punjab and Haryana High Court in July 2025 and assumed office in Chandigarh on July 21, 2025. Following the elevation of Justice Sheel Nagu to the Supreme Court, Justice Mishra was serving as the Acting Chief Justice of the Punjab and Haryana High Court.

The Supreme Court Collegium recommended his elevation as Chief Justice on August 6, after which the Union Government cleared the proposal and notified his appointment.