Justice Ashwani Kumar Mishra was sworn in as the Chief Justice of the Punjab and Haryana High Court on Monday. This event follows his role as acting chief justice since June. The official notification of his appointment was issued by the Central government on Saturday, approximately one month after the Supreme Court Collegium recommended his promotion.

Attending the swearing-in ceremony at Lok Bhawan, Punjab Governor Gulab Chand Kataria administered the oath to Justice Mishra. Notably absent was Punjab Chief Minister Bhagwant Mann, whose administration has publicly opposed the appointment.

The Punjab Cabinet, prior to the ceremony, passed a resolution urging the Central government to delay the administration of the oath until the state government’s concerns were properly addressed. This decision came during an emergency cabinet meeting convened in response to the Centre’s actions.

State Government’s Opposition to the Appointment

The Mann government expressed its dissatisfaction with the appointment process, stating that it took place without adequate consultation with Punjab. An official statement released after the cabinet meeting condemned what they described as a recurring instance of the central government bypassing the state’s constitutional rights.

Chief Minister Mann has additionally written to President Droupadi Murmu, Prime Minister Narendra Modi, and Governor Kataria, outlining the government’s concerns regarding the appointment of Justice Mishra as chief justice. The state cabinet urged that the views of Punjab should be taken into account before proceeding.

In response to the situation, Additional Solicitor General of India Satya Pal Jain labelled the Punjab government’s objections as “most unfortunate and totally uncalled for.” He insisted that the state had ample opportunity to provide feedback on the matter.

Implications of the Appointment

Despite the ongoing dispute, Justice Ashwani Kumar Mishra has now officially assumed the role of Chief Justice at the Punjab and Haryana High Court. The appointment remains contentious, with the Punjab government actively contesting the procedural aspects surrounding it.

As the Chief Justice, Justice Mishra will oversee significant legal proceedings in a jurisdiction that serves both Punjab and Haryana, requiring him to navigate the complexities of the legal landscape while addressing the concerns raised by the state government.

The situation continues to evolve, with legal and political ramifications anticipated in light of the Punjab government’s strong opposition. The role of the Chief Justice is pivotal, and how Justice Mishra addresses these disputes may influence his tenure in office.

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