Chandigarh | The Punjab Cabinet, led by Chief Minister Bhagwant Singh Mann, today strongly condemned yet another incident of the BJP-led Central Government ignoring the constitutional rights of Punjab and due process. Expressing serious objection to the appointment of Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court without waiting for the opinion of the Punjab Government, the Cabinet passed a resolution to stop the appointment and oath-taking process until the opinion of Punjab is taken and duly considered.
Posting on Twitter, Chief Minister Bhagwant Singh Mann said, “Today, the Punjab Cabinet has unanimously passed an important resolution against the continuous attacks on the rights of Punjab by the Central Government and violation of constitutional norms. The appointment of the new Chief Justice of the Punjab and Haryana High Court without taking the consent of the state government is a direct violation of the Memorandum of Procedure and constitutional norms. The Center’s withholding of our Rs 9,000 crore RDF and flood relief package, changing the BBMB rules and now directly interfering in judicial appointments will not be tolerated. We demand that this appointment be stopped immediately and due respect be given to the opinion of the state as per the constitutional process. Long live the revolution.”
Giving information about this, the Chief Minister’s Office said, “The rights of Punjab have been being violated by the Central Government for a long time. In recent times
“The interference of the Centre has increased to an unprecedented level, in which Punjab has been repeatedly deprived of its rights under the Constitution of India and various rules/laws.”
The Chief Minister’s Office said, “The Centre has unanimously changed the rules of the Bhakra Beas Management Board (BBMB) and abolished the traditional tradition under which the election of the member (power) was guaranteed from Punjab. This has weakened the state’s representation on its own river waters and dams. Besides, the Centre had proposed centralisation of Panjab University, which was strongly opposed by Punjab, but the Centre has continued to interfere by misusing its authority to suppress the hold and rights of the people of Punjab.”
The Punjab Cabinet warned, “The BJP-led central government has also stopped the Punjab government’s RDF dues of over Rs 9,000 crore, which has caused hardship to the farmers, who are the real beneficiaries of the infrastructure being built through these funds. Similarly, the Centre had announced a relief package of Rs 1,600 crore through the Prime Minister after the devastating floods in 2025, but till date not a single rupee from this package has been released to Punjab.”
Citing a recent notification dated September 5, 2026, the Punjab Cabinet said, “The President of India, through the Ministry of Law and Justice, Government of India, has passed an order appointing Justice Ashwani Kumar Mishra as the Chief Justice of the Punjab and Haryana High Court. This appointment has been made without the consent of the state government, thereby disregarding all constitutional norms and due process.”
The Cabinet said, “Paragraph 6 of the ‘Memorandum of Procedure for Appointment and Transfer of Chief Justices and Judges of High Courts’ clearly directs that after receiving the recommendation of the name for the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs shall obtain the views of the concerned State Government. After receiving the views of the State Government, the Union Minister of Law, Justice and Company Affairs shall submit the proposal to the Prime Minister, who shall then advise the President regarding the selection.”
The Chief Minister’s Office said, “As posted by the Press Information Bureau, Government of India on July 25, 2026, the Union Minister of State for Law, Justice and Company Affairs in reply to a question in the Lok Sabha informed the House that the appointment of judges to the higher judiciary is a continuous, concerted and collaborative process between the executive and the judiciary. It requires consultation and approval from various constitutional authorities at both the state and central levels.”
It further said, “In the present case, the Collegium of the Supreme Court vide resolution dated August 06, 2026, had recommended the appointment of Justice Ashwani Kumar Mishra, Acting Chief Justice of the Punjab and Haryana High Court, as the Chief Justice of the Punjab and Haryana High Court. On August 12, 2026, Punjab received a letter from the Minister of State for Law and Justice, Shri Arjun Ram Meghwal, for concurrence under para 6 of the ‘Memorandum outlining the procedure for appointment and transfer of Chief Justices and Judges of the High Court’.”
The cabinet’s reasoning was, “In complete disregard of the Memorandum of Procedure and established constitutional rules, the Centre hastily notified the appointment of the Chief Justice of the Punjab and Haryana High Court without waiting for the state government’s response.”
It further said, “It is important to state here that there is no clear deadline set for the state and the governor to send their recommendations in the matter of appointment of the Chief Justice.”
The cabinet said, “In the year 2024, when Justice Gurmeet Singh Sandhawalia, a judge of the Punjab and Haryana High Court, was recommended by the Supreme Court Collegium for appointment as the Chief Justice of the Madhya Pradesh High Court, the proposal was not notified by the Ministry of Law and Justice for more than two months and this was apparently due to non-receipt of the recommendation from the Madhya Pradesh government. Later, the Collegium and the Ministry of Law and Justice changed his appointment to the Himachal Pradesh High Court. Which reflects the spirit of discrimination that when a judge of the state of Punjab has to be considered, he is treated differently, while in the case of appointment of a judge of any other High Court in Punjab.”
The cabinet said, “Such actions by the central government on the issue of important appointments in the judiciary have compelled the state cabinet to deliberate and express its concerns on the ongoing issues affecting the constitutional rights and fair treatment of the state within the Indian federal structure. In order to ensure transparency, procedural framework and judicial impartiality, it is imperative that the appointment and oath-taking process be stayed till the views of the state of Punjab are received under paragraph 6 of this memorandum and duly considered by the competent authority. Only then can the matter be taken forward as per the procedure laid down under this memorandum.”
