Punjab government delays Justice Mishra's HC

The Aam Aadmi Party (AAP)-led Punjab government has not conveyed its views on a Supreme Court collegium recommendation to appoint Justice Ashwani Kumar Mishra as the full-time chief justice of the Punjab and Haryana High Court. According to people aware of the matter, the Union law ministry sent the collegium's recommendation to the state government for its comments over a fortnight ago, but a response is still pending.

This delay places the recommendation at the intersection of judicial process and political dynamics. Punjab is governed by the AAP, while the Union government is led by the Bharatiya Janata Party (BJP).

Collegium Recommendations and Political Reaction

The Supreme Court collegium, headed by Chief Justice of India Surya Kant and comprising Justices Vikram Nath and BV Nagarathna, recommended Justice Mishra's appointment on August 6. The collegium made three other recommendations for full-time high court chiefs on the same day.

Former Delhi chief minister and AAP chief Arvind Kejriwal publicly questioned Justice Mishra's elevation on August 9. He alleged the appointment involved "bypassing seniority" and asked, "Should judges be allowed SC elevation out of turn?"

Kejriwal's social media post added, "We should be careful of weaponisation of courts." His questioning came hours after the collegium's recommendation was released.

The Appointment Process and Delay

Justice Mishra has been the acting chief justice of the Punjab and Haryana High Court since June 2. He was transferred from the Allahabad High Court in July 2025.

Under the Memorandum of Procedure (MoP), the Union law ministry must obtain the views of the concerned state government after the collegium makes a recommendation for a high court chief justice. One person familiar with the developments said the Bhagwant Mann-government was "still gathering relevant inputs" on Justice Mishra.

Another person said the respective state governments had already conveyed their views on the other three recommendations. The Centre is awaiting Punjab's response so all four appointments can be processed simultaneously.

The Six-Week Provision and Uncertainty

The MoP lays down a six-week period for a state government to convey its comments on judicial appointments. If comments are not received within that time, the Union law ministry may presume the Governor and chief minister have nothing to add and proceed.

However, it is unclear if this six-week deemed-consent provision applies identically to the appointment of chief justices. The specific MoP paragraphs dealing with chief justice appointments do not set out an equivalent timeline. This leaves it uncertain whether a delay beyond six weeks in Justice Mishra's case would automatically trigger the deemed-consent mechanism.

The collegium has, for the time being, taken a decision on full-time chiefs for the Rajasthan, Madhya Pradesh, and Jammu & Kashmir and Ladakh high courts.