State’s view on appointment of HC judges not binding on Union Govt: Ex-law minister

Former Union law minister Ashwani Kumar on Monday said the controversy over the appointment of the Chief Justice of Punjab and Haryana High Court should have been avoided as it negatively impacts inter-institutional and Union-State relations. In a statement, he said that while the views of state governments are sought on the proposed appointment of High Court judges, they are not binding on the Union Government or the President of India.

Justice Ashwani Kumar Mishra was sworn in as the chief justice of the Punjab and Haryana HC on Monday, a day after the AAP government in Punjab objected to the Centre notifying his appointment without awaiting its views, alleging the decision bypassed Constitutional norms and set procedures.

“The controversy over appointment of the Chief Justice of the Punjab and Haryana High Court ought to have been avoided. It impacts negatively on inter-institutional and Centre-state relationships,” Kumar said in the statement. Noting that the constitutional position and established practice with regard to the appointment of Judges of the High Courts are firmly established, the former law minister said, “While the State Governments concerned are asked for their views on the proposed appointments as High Court judges, their views, while entitled to weight, are not binding on Union Goverment or President.”

“Consultations with state govts concerned do not mean concurrence of the state govt,” he claimed. “Withholding of views by the concerned state govt in the matter of appointment of High Court judges could also impact the inter-se seniority amongst the judges of High Courts,” he also noted.