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The Punjab government has stepped up its opposition to the Centre's appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court, with the state Cabinet passing a resolution against the decision and Chief Minister Bhagwant Mann seeking intervention from the President and Prime Minister.

The Cabinet held an emergency meeting through video conferencing on Sunday evening, a day after the Centre issued the notification appointing Mishra as Chief Justice. The state government alleged that the notification was issued without waiting for Punjab's opinion, contrary to the prescribed procedure and constitutional norms.

Mann Seeks Intervention From President, PM

Mann wrote separate letters to President Droupadi Murmu and Prime Minister Narendra Modi, requesting that the oath-taking of Justice Mishra, scheduled for Monday, not proceed until Punjab's concerns are addressed.

The Punjab government maintained that its opinion had to be sought before the appointment and alleged that the Centre did not follow the procedure laid down in the Memorandum of Procedure (MoP).

According to the state, paragraph 6 of the MoP provides for the Union Law Minister to obtain the opinion of the concerned state government after receiving the recommendation of the Chief Justice of India. The proposal is then placed before the Prime Minister, who advises the President on the appointment.

Punjab Questions Appointment Procedure

The Supreme Court Collegium recommended on Aug. 6 that Justice Mishra be appointed Chief Justice of the Punjab and Haryana High Court.

Punjab said it received a letter from Union Minister of State for Law and Justice Arjun Ram Meghwal on Aug. 12 seeking the state's consent under paragraph 6 of the MoP.

The state government said the MoP does not prescribe a specific time limit for the state government and the Governor to submit their views on the appointment. It alleged that the Centre issued the notification without waiting for Punjab's response.

The Cabinet described the move as "yet another instance of the Centre bypassing Punjab's constitutional rights and established procedure".

Centre Says Protest 'Unnecessary'

Additional Solicitor General of India Satya Pal Jain described the Punjab government's objection as unfortunate and unnecessary, saying the state had sufficient time to communicate its views.

Jain said the Supreme Court Collegium had recommended on Aug. 6 that Chief Justices be appointed to eight High Courts and that all other concerned state governments, except Punjab, had sent their opinions within a week.

"No one has the right to obstruct the judicial process and keep the proposal pending indefinitely with the aim of politicising a non-political issue," Jain said.

He also maintained that state governments do not have veto power over the appointment of Chief Justices of High Courts.

Justice Mishra's Monday Oath In Focus

The Centre issued the appointment notification on Saturday, nearly a month after the Collegium's recommendation.

Justice Mishra has been serving as the acting Chief Justice of the Punjab and Haryana High Court since June and is scheduled to take oath as Chief Justice before the Governor on Monday.

The state government's demand for the appointment to be stopped has put the scheduled ceremony in focus. According to sources, Mann may not attend the oath-taking ceremony and is expected to travel to Delhi, where he may meet Punjab minister Sanjeev Arora, who is lodged in jail on money laundering charges.

Mann Raises Other Punjab-Centre Disputes

After the Cabinet meeting, Mann said on X that the resolution had been passed unanimously against what he described as continued attacks on Punjab's rights and violations of constitutional norms.

He alleged that the Centre had earlier withheld Punjab's Rs 9,000 crore Rural Development Fund (RDF) and flood relief package, changed rules governing the Bhakra Beas Management Board (BBMB), and was now interfering directly in judicial appointments.

"We demand that this appointment be stopped immediately and that the state's views be given due respect under the constitutional process," Mann said.