UPSC 2021PolityModerate

With reference to India, consider the following statements : 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/are correct?

A
1 only
B
2 only
Correct Answer
C
Both 1 and 2
D
Neither 1 nor 2

Explanation

Statement 2 is correct because 'Prisons' is a State Subject under Entry 4 of the State List (Seventh Schedule), which empowers individual State Governments to frame their own specific rules for the release of prisoners on parole. Statement 1 is incorrect because parole is not a matter of right but a discretionary executive function granted based on a prisoner's conduct and specific conditions. The core concept tested is the division of legislative powers between the Union and States regarding prison administration and the legal status of prisoner privileges.

Indian PolityPrison Reforms & Rights of PrisonersParolePrisoner's rightsState GovernmentsPrisoners Release on Parole RulesCriminal Procedure CodePrison Act

WANT TO PRACTICE LIKE THE REAL EXAM?

Don't just read questions. Take a full timed test with negative marking and detailed analytics to see where you stand.

Start Polity Test Now