In an unusual move that pits state against central authority, the Punjab government has thrown a constitutional challenge at Delhi's doorstep—hours before a new high court chief justice was set to take oath.

Key facts

  • Punjab Cabinet passed resolution on September 6, 2026 against the appointment
  • Chief Minister wrote to President Murmu and Prime Minister Modi
  • Oath ceremony scheduled for September 7, 2026
  • Centre notified appointment on September 5, 2026

A Race Against the Clock

The state cabinet convened urgently Sunday evening through video conferencing, clearly feeling the pressure of Monday's scheduled swearing-in. Their resolution was firm: halt the appointment until Punjab's views are "obtained and duly considered."

Chief Minister Bhagwant Mann didn't stop there. He fired off separate letters to President Droupadi Murmu and Prime Minister Narendra Modi, urging them to pause the oath ceremony until the state's concerns are "adequately addressed."

The Centre's Counter

Additional Solicitor General Satya Pal Jain didn't mince words when responding to Punjab's objections. He called the controversy "most unfortunate and totally uncalled for," asserting that Punjab had sufficient time to send its views while other states responded within a week.

"No one has the right to sit over the proposal for an indefinite period with a view to scuttle the judicial process and politicise a non-political issue," Jain stated, adding that states don't hold "veto" power on these appointments.

Constitutional Procedure at Heart

At the core of this clash lies the Memorandum of Procedure for judicial appointments. Punjab insists that Para 6 clearly requires the Union Law Minister to obtain the state government's views before submitting proposals to the Prime Minister.

The state received the consultation letter on August 12, but argues that no clear time limit exists for their response. They view the Centre's September 5 notification as a "hurried" move that bypasses established norms.

This isn't just about one appointment for Punjab's leadership. Mann connected it to broader tensions with the Centre, mentioning withheld funds and changed rules. "Now its direct interference in judicial appointments will not be tolerated," he stated.