Question map
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?
Explanation
The correct answer is Option 2.
Statement 1 is incorrect: Parole is not a matter of right for a prisoner. It is a progressive measure of rehabilitation and a discretionary administrative decision. Even if a prisoner makes out a sufficient case, the competent authority can deny parole based on grounds such as public interest, national security, or the likelihood of the prisoner absconding or committing further crimes. Judicial precedents, including those by the Supreme Court, have consistently held that parole is a privilege, not a fundamental or absolute right.
Statement 2 is correct: Under the Seventh Schedule of the Constitution of India, 'Prisons' is a State Subject (Entry 4). Consequently, state governments are empowered to frame their own laws and rules regarding the administration of prisons and the release of prisoners. Most states have formulated their own specific Prisoners Release on Parole Rules, which govern the eligibility, duration, and conditions for granting parole.
PROVENANCE & STUDY PATTERN
Full viewThis question blends static Federalism (7th Schedule) with legal current affairs. While Statement 2 is a direct derivation of 'Prisons' being a State List subject, Statement 1 tests the specific legal distinction between a 'Right' (Furlough) and a 'Discretionary Privilege' (Parole), often discussed in high-profile release cases.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Direct statement from a court summary that parole is discretionary, distinguishing it from furlough which is described as a right.
- Explicit wording: 'parole is a discretionary remedy' β supports that parole is not an enforceable entitlement.
- Official guidance notes that parole is 'not an absolute right', indicating it is conditional and can be withheld.
- Also states parole is 'a legal right of every eligible prisoner as per the conditions laid down', showing the entitlement is subject to eligibility and discretion.
- Describes parole/furlough as a 'privilege' to be allowed to selective prisoners, implying discretionary grant rather than mandatory right.
- Defines parole as a temporary release privilege, reinforcing that it is a concession rather than an automatic entitlement.
The Laxmikanth snippet presents the exact competing proposition (parole as a right) alongside the factual point that State Governments have their own 'Prisoners Release on Parole Rules'.
A student could check state-level parole rules (not given here) to see whether they frame parole as a statutory right or as something subject to rule-based discretion.
Explains a constitutional concept where Article 136 confers discretionary power (not a right) on the Supreme Court β an example of how reliefs can be discretionary rather than automatic rights.
By analogy, a student could ask whether parole is similarly created as an executive/discretionary relief (not an absolute right) in statutes or rules.
Describes the President's 'pardoning power' as a discretionary executive power not open to full judicial review β illustrates that release-related powers can be treated as executive discretion.
A student could use this pattern to infer that other release mechanisms (like parole) may also be placed in the domain of executive or administrative discretion unless law explicitly makes them rights.
Sets out constitutional protections against arbitrary detention (Articles 21/22) implying procedural safeguards for liberty, but does not equate every form of release (e.g., parole) with a constitutional right.
A student could examine whether parole is treated as part of Article 21/22 safeguards (requiring a right) or as a separate administrative measure (allowing discretion).
The Machal Lalung example shows that procedural and liberty-related rights guaranteed by the Constitution can fail in practice and that release mechanisms may depend on procedural action/intervention rather than being automatic rights.
A student could take this as a cautionary example to investigate whether parole requires procedural applications and administrative discretion rather than being an enforceable right.
- Explicitly states that State Governments frame rules under the Prisons Act, 1894.
- Gives a concrete example naming 'Rajasthan Prisoners Release on Parole Rules, 2021'.
- States that a respective State Government may enact local laws or issue instructions for temporary release on parole.
- Describes that eligibility, authority, procedures and duration for parole/furlough are to be prescribed by the State Government.
- Text is from West Bengal 'Release on Parole Rules, 2021', showing a State-level parole rule set.
- Specifically notes the State Government's power to grant parole beyond a standard period for good reasons.
The exam item explicitly lists 'State Governments have their own Prisoners Release on Parole Rules' as a debated proposition, showing this is a recognized claim in polity studies.
A student could take this noted proposition and check state-level rulebooks or state prison manuals to verify whether individual states have parole rules.
Explains the federal structure: states operate within a single Constitution but retain powers to make laws/rules on certain subjects.
Using the Constitution's division of subjects (State List), a student could check whether 'prisons' or 'administration of justice' fall under state competence, suggesting states may frame parole rules.
Notes that states have their own governments and administrative autonomy (though not fully independent).
A student can reasonably infer that administrative matters like prison management might be handled by state governments and so seek state-level parole rules.
Shows that preventive detention law was enacted at the national level (Preventive Detention Act, 1950), illustrating that some detention-related laws are centralised.
A student could use this contrast to ask which detention/prison matters are central (e.g., preventive detention) and which are left to states (e.g., prison administration/parole), then check respective lists of subjects.
Gives historical examples of detention regulations at sub-national levels (e.g., Bengal State Prisoners Regulation of 1818), indicating that sub-national entities have previously enacted prisoner-related rules.
A student might generalize that since sub-national/regional authorities have framed detention regulations historically, modern states could similarly frame parole rules and should be checked individually.
- [THE VERDICT]: Logic-based Sitter. Statement 2 is derived from basic Polity (State List); Statement 1 is solved by identifying the 'Extreme Claim' trap.
- [THE CONCEPTUAL TRIGGER]: The 7th Schedule (Entry 4, List II: Prisons) and the administrative distinction between 'Entitlements' vs. 'Discretionary Grants'.
- [THE HORIZONTAL EXPANSION]: Memorize the 'Release Trinity': 1. Furlough (Matter of Right, periodic, no specific reason needed). 2. Parole (Discretionary, specific emergency needed). 3. Remission (Executive power to reduce sentence, not a right). Also note: Prisons Act, 1894 is the central law, but administration is State.
- [THE STRATEGIC METACOGNITION]: When reading about Federalism, apply it: If 'Prisons' are a State subject, then logically, States must frame the rules. Don't just memorize the list; visualize the administrative consequence.
Article 136 exemplifies remedies that the Supreme Court may grant as a discretionary power and not as an enforceable right.
High-yield for UPSC because it clarifies the difference between a judicial power exercised at discretion and constitutional entitlements; links to judicial review, scope of writ jurisdiction, and limits on appeals. Mastering this helps answer questions on when courts must act versus when they may act.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
The pardoning/clemency power of the President is exercised on executive advice and is not a right that a convict can insist upon.
Important for polity coverage of Article 72 and executive powers; connects to debates on judicial review of mercy petitions, separation of powers, and remedies available to prisoners. Useful for questions contrasting rights and privileges granted by the state.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222
Protections such as prompt production before a magistrate and the right to legal consultation are enforceable procedural rights affecting detention and custody.
Core for understanding criminal justice safeguards and fundamental rights (life and personal liberty). Helps distinguish enforceable detention-related rights from discretionary administrative/grant powers like parole; frequently tested in questions on Articles 21β22 and detention law.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 134
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > THE IMPORTANCE OF RIGHTS > p. 27
The constitutional arrangement of India defines the degree of autonomy states have, which is directly relevant when asking whether states can frame their own rules such as parole regulations.
High-yield for UPSC because questions often hinge on which subjects fall under state or central competence; mastering this helps answer queries on lawmaking, administration, and state-level regulatory powers. It links to topics on federalism, state administration, and law & order.
- Exploring Society:India and Beyond ,Social Science-Class VII . NCERT(Revised ed 2025) > Chapter 9: From the Rulers to the Ruled: Types of Governments > b. Presidential democracy > p. 194
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > 3. Single Constitution > p. 140
Knowledge of historical detention laws and preventive detention frameworks frames the legal context for prisoner management and release mechanisms.
Important for Fundamental Rights and Constitutional Law topics β helps analyse how detention, preventive laws, and related regulations evolved and how they interact with modern prison policy. Useful for questions on civil liberties, criminal justice reform, and legislative history.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 93
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > When a person has been arrested under a law of preventive detention- > p. 135
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 136
Incidents of mass protest and public reaction to prisoner releases illustrate the broader governance and societal implications of decisions about releasing prisoners.
Useful for answer-writing in GS papers linking law, public order, and society; helps frame arguments on policy sensitivity, administrative decision-making, and law-and-society interactions in questions about prison administration and parole.
- Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 15: Struggle for Swaraj > Post-War Struggle > p. 303
- History , class XII (Tamilnadu state board 2024 ed.) > Chapter 3: Impact of World War I on Indian Freedom Movement > b) Besant's Home Rule League > p. 34
The sibling concept is 'Furlough'. Unlike Parole, Furlough is granted periodically to long-term prisoners to maintain family ties and is treated as a conditional right/entitlement, not purely discretionary.
Apply the 'Administrative Hierarchy' Logic. Statement 1 says parole 'cannot be denied'. In a sovereign state, releasing a convict is a security risk; no administration would surrender the power to deny release. Absolute language ('cannot') regarding executive clemency/relief is a red flag for incorrectness.
Mains GS-2 (Governance & Social Justice): Link this to 'Prison Reforms'. The lack of uniform parole rules across states (as highlighted by Statement 2) contributes to the crisis of undertrials and overcrowding. Mention the 'Model Prison Manual 2016' as the Centre's attempt to standardize this.