The correct option is 2 and 3 only.
Explanation
The Constitution of India establishes specific procedures for the appointment of judges to the Supreme Court and High Courts to ensure the independence and competence of the judiciary.
Statement 1 is Incorrect: In India, the legislature is not involved in the process of appointing judges. Unlike the United States, where the Senate must confirm judicial appointments, the Indian Constitution vests the power of appointment in the President (Executive), who acts on the recommendation of the Collegium (Judiciary). The exclusion of the legislature is a deliberate design to maintain the separation of powers and judicial independence.
Statement 2 is Correct: The constitutional scheme aims to insulate the judiciary from political influence. By excluding the legislature and limiting the executive's discretion through the Collegium system (judicial primacy), the process is intended to keep party politics out of judicial appointments. This ensures that judges can function without fear or favour.
Statement 3 is Correct: Legal expertise is a mandatory qualification for appointment as a judge.
- For the Supreme Court (Article 124), a person must have been a judge of a High Court for five years, an advocate of a High Court for ten years, or be a distinguished jurist in the opinion of the President.
- For the High Courts (Article 217), a person must have held a judicial office for ten years or been an advocate of a High Court for ten years.
Key Takeaway: The Indian judicial appointment process is characterized by the exclusion of the legislature and the primacy of the judiciary (Collegium system) to ensure independence from political interference.