Chandigarh: Senior Aam Aadmi Party (AAP) leader and Punjab Cabinet Minister Harpal Singh Cheema on Sunday expressed strong objection to the appointment of Justice Ashwini Kumar Mishra as the Chief Justice of Punjab and Haryana High Court without any consultation with the Punjab government. He said that the manner in which this appointment has been made has raised serious questions on the Centre’s respect for the constitutional rights of Punjab and the federal structure of the country. During this time, AAP leader Taranpreet Singh Sunny was also present with him.
Statement in Jalandhar press conference
Addressing a press conference in Jalandhar, Cabinet Minister Harpal Singh Cheema said that the Punjab government was not given a chance to present its stand before finalizing the appointment. he adds, “The way this appointment has been made, big questions are raised on the Centre’s respect for the constitutional rights of Punjab and the federal structure of the country. The Punjab Government was not given an opportunity to present its views before finalizing the appointment.
The Minister said that this matter is very serious because there is a clear provision in the Memorandum of Procedure controlling such appointments to take into account the views of the concerned State Government. He said, “Both the letter sent by the Punjab Governor to Chief Minister Bhagwant Singh Mann on August 12, 2026 and the letter by Union Law Minister Arjun Ram Meghwal mentioned this related process.”
No advice from state government
Minister Harpal Singh Cheema said, “Despite the rules requiring the opinion of the state government, there was no consultation with the Punjab government before the appointment of the Chief Justice. This is not just an issue of appointment, but it is an issue of the rights of Punjab and the constitutional federal structure.”
He met Justice G.S., the most senior judge of the Punjab and Haryana High Court at that time. Questions were also raised on the previous attitude of the Central Government towards Sandhawalia. He reminded, “The Supreme Court Collegium had recommended the appointment of Justice Sandhawalia as the Chief Justice of Madhya Pradesh High Court in July 2024, but the appointment was kept on hold for more than two months before he was appointed Chief Justice of Himachal Pradesh High Court.”
Question of delay and appointment without consultation
Minister Harpal Singh Cheema said, “I want to ask why there was a delay in making Justice GS Sandhawalia the Chief Justice of Madhya Pradesh despite the recommendation of the Collegium, while why Justice Ashwini Kumar Mishra was appointed the Chief Justice of Punjab and Haryana High Court without consulting the Punjab government?”
He said, “This raises a fundamental question: If the advice of the state government is part of the due process, then why was the elected government of Punjab not consulted? The Chief Minister represents the mandate of three crore Punjabis. Ignoring the elected state government is an insult not only to the Chief Minister but also to the people of Punjab.”
The minister further said, “This issue required immediate discussion in the Punjab Cabinet. Therefore, Chief Minister Bhagwant Singh Mann has called an emergency cabinet meeting at 4 pm on Sunday to discuss the matter.”
Protecting the federal structure
Calling the appointment a serious issue related to state rights, Minister Harpal Singh Cheema said, “The Constitution creates a federal structure in which the rights of both the Center and the states are clearly defined. The Center cannot repeatedly interfere in the rights of the states. The Punjab government will strongly raise its voice against any attempt to weaken its constitutional rights and the federal structure.”