Amid Objections from Panjab, Justice Mishra Takes Oath as PHHC Chief Justice

September

2026

Justice Ashwani Kumar Mishra took the oath as the Chief Justice of Punjab and Haryana High Court (PHHC) on 7 Sep, a day after the Panjab cabinet passed a resolution in an emergency meeting held on 6 Sep evening (a Sunday) demanding his ‘appointment and administration of oath… be put on hold’. Haryana Chief Minister Nayab Singh Saini attended the ceremony, but Panjab Chief Minister Bhagwant Mann did not. Justice Mishra had been the acting Chief Justice of PHHC since 1 Jun, following the elevation of Justice Sheel Nagu, then Chief Justice, to the Supreme Court. But the news of his official appointment drew strong objections from the Panjab government, which claimed it was done without their ‘consultation’. Panjab Finance Minister Harpal Singh Cheema said the matter was particularly serious because the Memorandum of Procedure (MoP) governing such appointments requires the concerned state government’s view to be considered. He said, ‘Both the communication from the Governor of Panjab to Chief Minister Bhagwant Singh Mann dated 12 Aug 2026, and the communication from Union Law Minister Arjun Ram Meghwal referred to the relevant procedure’. The issue has been termed as one ‘concerning the rights of Panjab and the constitutional federal structure’. Legal experts, however, say that the MoP governing the appointment of high court Chief Justices requires the union government to obtain the views of the state government, but does not make its consent or concurrence a condition for the appointment. Furthermore, experts allege that proposals for the appointments of several Chief Justices of High Courts, including Justice Mishra’s, were sent to relevant states, all of which responded except Panjab. The union government sought Panjab’s views on 10 Aug. Panjab’s objections can also be seen in light of the recent controversy surrounding the pending Dearness Allowance (DA) of its employees, as a bench comprising Justice Mishra ordered the state to clear the dues in a fortnight. Incidentally, just two hours after taking the oath, Justice Mishra addressed the court while hearing the matter on DA allowance by asserting that the court ‘would not be browbeaten by any tactics and would be guided by the rule of law, and its oath to the Constitution’. The tussle is an irony because ideally Panjab and Haryana should have their own High Courts, a matter pending for the last sixty years (earlier coverage).