State consent not taken, put HC Chief Justice appointment on hold: Punjab Govt, Pg3

Key Highlights:

• The Punjab Cabinet passed a resolution demanding that the appointment of Justice Ashwani Kumar Mishra as Chief Justice of the Punjab and Haryana High Court be put on hold.
• The state government asserts that the Centre made the appointment without obtaining its views, violating the Memorandum of Procedure (MoP) for High Court Judges' appointments.
• Chief Minister Bhagwant Singh Mann wrote to the President, Prime Minister, and Punjab Governor, enclosing the Cabinet's resolution.
• The Supreme Court Collegium had recommended Justice Mishra's appointment on August 6, and the Centre notified it on September 5.

Detailed Insights:

• The Punjab government views the appointment as an infringement on its constitutional rights and established procedures.
• The MoP conventionally requires the Centre to seek the state government's views, though no specific timeline is stipulated.
• The Law Ministry reportedly received inputs from other states promptly but faced delays from Punjab, holding up other appointments.
• Justice Mishra was serving as Acting Chief Justice of the Punjab and Haryana High Court since June 1.
• The Punjab government also cited past instances, like the delayed notification for Justice Gurmeet Singh Sandhawalia's appointment as Chief Justice of the Madhya Pradesh High Court, to highlight perceived discrimination.
• Chief Minister Mann linked this issue to other ongoing Centre-State disputes, including the withholding of Rural Development Fund (RDF) and changes to Bhakra Beas Management Board (BBMB) rules.
• The Punjab and Haryana High Court Bar Association has opposed the state government's stance, cautioning against Executive overreach into judicial appointments.

Key Concepts Involved:

• Memorandum of Procedure (MoP): A document outlining the process for the appointment and transfer of judges in the Supreme Court and High Courts, formulated through agreement between the judiciary and the government.
• Supreme Court Collegium: A system where the Chief Justice of India and the four senior-most Supreme Court judges recommend appointments and transfers of judges to the higher judiciary.
• Federalism: A system of government where power is divided between a central authority and constituent political units, often leading to disputes over jurisdiction and powers.