Question 57 from UPSC CSE 2023 - Polity & Governanc e

Question

Consider the following statements:
1. In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
2. In India, prisons are governed by the Prisons Act, 1894, which expressly kept the subject of prisons in theç®ç of Provincial Governments.
Which one of the following is correct in respect of the above statements?

IASCODEX · Accepted Answer

Correct Option: A. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

Strategy: To determine the correct relationship between the statements:

*   Identify the administrative authority for prisons in India (State Governments) and the foundational legislation (Prisons Act, 1894).
*   Analyze how the Prisons Act, 1894, historically and legislatively connects to the allocation of prison administration to provinces/states.
*   Confirm that the legislation provides the direct reason for the administrative structure, establishing an explanatory link between the statements.

Key Info: Prisons in India are primarily governed by the Prisons Act, 1894, which serves as the central legislation for jail management. Section 59 of the Act grants state governments the authority to create rules for the day-to-day functioning of prisons, covering aspects like security, discipline, and prisoner management.

Following the Government of India Act, 1935, "Prisons" was formally placed in the State List (Entry 4, List II) of the Seventh Schedule of the Indian Constitution, reaffirming state primacy over the subject. This arrangement allows each state to formulate its own prison manuals and regulations, leading to significant administrative autonomy and variations in management practices across the country. The Ministry of Home Affairs provides model guidelines and periodic advisories but does not maintain direct control, barring Union Territories and specific national security conditions.

Despite the age of the Prisons Act, several states have enacted updated amendments or supplementary acts to address contemporary needs. While the Prisons Act, 1894, did not have an explicit constitutional allocation clause, it practically established provincial/state control, which was further solidified constitutionally and administratively after independence.

National-level prison reforms and oversight are undertaken through recommendations of law commissions, Supreme Court judgments, and the All India Committee on Jail Reforms; however, implementation remains state-driven.

Important related laws include:
*   The Prisoners Act, 1900
*   The Transfer of Prisoners Act, 1950

IASCODEX · Answer

Option B: Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

IASCODEX · Answer

Option C: Statement-I is correct but Statement-II is incorrect

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Option D: Statement-I is incorrect but Statement-II is correct