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?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2021
Statement 1: Parole is a discretionary power of the executive and is granted for specific reasons (like family emergencies). It is a conditional release and is *not* considered an absolute right of the prisoner, even if they make out a seemingly sufficient case. The authorities have the discretion to grant or deny it based on various factors, including security considerations, prisoner’s conduct, and potential impact on society. Thus, Statement 1 is not correct.
Statement 2: Prison administration, including matters like parole and furlough, falls under the State List (List II of the Seventh Schedule) of the Constitution of India. Therefore, each State Government has the authority to frame its own rules and guidelines for the release of prisoners on parole and furlough. Thus, Statement 2 is correct.
Based on the analysis, only statement 2 is correct. Therefore, the correct option is B.
– Prison administration is a state subject, and State Governments frame their own rules regarding parole.