Question 70 from UPSC CSE 2021 - Current Affairs

Question

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?

IASCODEX · Accepted Answer

Correct Option: B. 2 only

Strategy: Focus on the legal standing of parole—it's not an absolute right for prisoners, but a privilege subject to conditions and authorities' discretion. Statement 1 is too absolute in tone, using 'cannot be denied' and 'matter of right', which signals an inaccuracy. Statement 2 connects parole rules to State Governments, which aligns with the federal structure, as 'prisons' is a State subject. The answer is therefore option B.

Key Info: **Parole in India**

Parole is a temporary conditional release of a prisoner before the completion of their sentence, contingent on good behavior.

- **Legal Status:** In India, parole is not a legal right but a privilege. It is granted by a competent authority based on specific conditions, considering factors like the prisoner's conduct, the nature of the crime, and the reasons for the request.
- **Governance:** Prison administration is a state subject, listed under Entry 4 of List II in the Constitution's Seventh Schedule. The primary governing law is the Prisons Act, 1894.
- **State-Specific Rules:** As a result, each state formulates its own Parole Rules or includes provisions in its Prison Manual, leading to variations in procedures, eligibility, and grounds for parole across the country.
- **Exclusions:** Prisoners convicted of serious offenses, such as those under anti-terror laws or multiple murders, are typically excluded from parole eligibility.
- **Objective:** The reformative goal of parole is to aid rehabilitation, maintain family ties, and facilitate the prisoner's reintegration into society.
- **Discretion:** Parole is not granted automatically. The final authority and discretion rest with state-appointed officials.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option C: Both 1 and 2

IASCODEX · Answer

Option D: Neither 1 nor 2