Punjab’s empty chair message at High Court Chief Justice oath ceremony

Justice Ashwani Kumar Mishra took the oath as the Chief Justice of Punjab and Haryana High Court on Monday, a day after the Punjab cabinet passed a resolution demanding his “appointment and administration of oath… be put on hold”.

Punjab Governor Gulab Chand Kataria administered the oath of office to Justice Mishra at a ceremony at Lok Bhawan in Chandigarh. While Haryana Chief Minister Nayab Singh Saini attended the ceremony, Punjab Chief Minister Bhagwant Mann did not.

Judges of the Punjab and Haryana High Court were present at the event. On September 5, the Appointments Division of the Department of Justice under the Union Ministry of Law and Justice issued a formal notification, appointing Justice Mishra as Chief Justice of Punjab and Haryana High Court.

The notification, issued under Article 217(1) of the Constitution, states that the President was pleased to appoint “Shri Justice Ashwani Kumar Mishra, Judge of the Punjab and Haryana High Court, to be the Chief Justice of the High Court of Punjab and Haryana with effect from the date he assumes charge of his office.” Born in 1968, Justice Mishra graduated in Economics from Kirori Mal College in Delhi before completing his LL.B from Campus Law Centre, University of Delhi.

He enrolled as an advocate in 1993, and primarily practised in civil, constitutional and service law. He was designated a Senior Advocate in 2013 and named an Additional Judge of the Allahabad High Court in 2014. He became a permanent Judge of the Allahabad High Court in 2016.

Justice Mishra served at the Allahabad High Court until July 20, 2025. He was then transferred to the Punjab and Haryana High Court and joined the Bench on July 21, 2025. In a resolution passed at an emergency meeting Sunday evening, the Punjab government said that the Centre appointed Justice Mishra as Chief Justice without waiting for the state government’s views as required under the process for appointing High Court Judges.

This, the resolution said, was “yet another instance” of the Centre “bypassing Punjab’s constitutional rights and established procedure”. “This appointment has been made without obtaining the consent of the state government, thereby bypassing all Constitutional norms and set procedures,” it said in a statement.

“The Cabinet resolved that the appointment and administration of oath should be put on hold until Punjab’s views are obtained and duly considered.” “Today, the Punjab Cabinet unanimously passed an important resolution against the continued assault on Punjab’s rights by the Central Government and the violation of constitutional norms.

Appointing the new Chief Justice of the Punjab and Haryana High Court without obtaining the consent of the State Government is a direct violation of the prescribed procedures (Memorandum of Procedure) and constitutional norms,” Chief Minister and AAP leader Mann said on X.

The Supreme Court Collegium recommended the appointment of four Chief Justices of High Courts, including Justice Mishra, on August 6. On August 12, the Centre sought the views of the Chief Ministers and Governors of the four states.

While the Memorandum of Procedure does not stipulate a time period for the states to reply, it is learnt that the consent for appointment of a Chief Justice is dealt with immediately. For appointment of High Court Judges, it takes four to six weeks for inputs from the Chief Minister.

It is learnt that normally, the Secretary of the Department of Justice dials the Principal Secretary to the Chief Minister to facilitate the process. After a certain period, the Law Ministry deems that there was no objection from the state government.

It is learnt that the Law Ministry received inputs from Bihar, West Bengal and Maharashtra — the three other states concerned — immediately, but the delay by the Punjab Chief Minister held up the other appointments too. The appointments were notified on September 5.

In August, a bench led by Justice Mishra, Acting Chief Justice of the Punjab and Haryana High Court, directed the Punjab government to clear pending instalments of dearness allowance and dearness relief owed to its employees and pensioners.

The bench observed that the state continued to spend on advertisements and other discretionary items, but cited financial constraints to withhold dues to employees. Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh.

He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions.

His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region.

Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1.

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