Civil Services Prep

Prelims 2021 · Polity and Constitution · Question 83

With reference to India, consider the following statements:<br/>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.<br/>2. State Governments have their own Prisoners Release on Parole Rules.<br/><br/>Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

2 only

  1. Incorrect. Parole is generally treated as a conditional release/administrative concession, not an absolute fundamental or statutory right in all cases. Even if a prisoner makes out a case, it can still be denied on valid grounds such as public safety, prison rules, or other relevant considerations.

  2. Correct. Prisons are a State subject under the State List, and States frame their own Prisoners Release on Parole/Furlough Rules. Hence, parole rules vary across States.

Therefore, only statement 2 is correct.

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