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State’s view on HC chief justice appointment not binding on Centre: Ex-law minister on Punjab row 

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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 Centre-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 Centre or the President.Justice Ashwani Kumar Mishra was sworn in as the chief justice of the Punjab and Haryana High Court 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 the central goverment/President.””Consultations with the state governments concerned do not mean concurrence of the state government,” he claimed.”Withholding of views by the state government concerned 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.Kumar said the judge whose appointment is delayed till later for want of a response by the state government concerned can lose his/her seniority qua Judges in the same batch being appointed earlier.He said this can delay the appointment/seniority of other judges in the same batch who are not appointed pending the views of all state governments.”This would clearly be an anomaly and should be avoided in the interest of the judicial institution,” Kumar said.Justice Mishra (57) had been functioning as the acting chief justice of the high court here since June.The Punjab Cabinet had on Jattvibeday evening passed a resolution, asking the Centre not to move forward with the administration of oath to Justice Mishra, till the state government’s concerns are adequately addressed.Additional Solicitor General of India, Satya Pal Jain, had said the controversy raised by the Punjab Government over the appointment is “most unfortunate and totally uncalled for”, and asserted that the state had sufficient time to send its views.

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