The correct option is (c) 2 and 3 only
Explanation
The Constitution of India establishes an independent judiciary to ensure that judges can perform their duties without fear or favour. To safeguard this independence, the Constitution lays down specific and rigid procedures regarding the appointment, tenure, and removal of judges, distinct from the standard service conditions of civil servants.
Statement-wise Analysis
- Statement 1 is Incorrect. Judges of the Supreme Court and High Courts are not appointed by the Parliament. They are appointed by the President of India (the Executive) under Articles 124 and 217 respectively. While the appointment involves consultation with the Judiciary (the Collegium system), the legislature (Parliament) has no direct role in the appointment process.
- Statement 2 is Correct. The Constitution ensures security of tenure for judges. A judge does not hold office during the pleasure of the President. They can be removed from office only through a complex process of impeachment, which requires a motion supported by a special majority in each House of Parliament. This makes the removal process extremely difficult in practice.
- Statement 3 is Correct. The executive branch (the Government) cannot remove a judge arbitrarily. The power of removal is vested in the President, but it can only be exercised after an address by Parliament has been presented to him/her in the same session. This address must be supported by a special majority on the grounds of proved misbehaviour or incapacity.
Key Takeaway
Judicial Independence: Judges are appointed by the President (Executive) but can only be removed through a rigorous parliamentary process requiring a special majority, thereby protecting them from arbitrary executive dismissal.