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Q63 (IAS/2021) Polity & Governance β€Ί Governance, Policies & Social Justice β€Ί Criminal justice framework Official Key

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?

Result
Your answer: β€”  Β·  Correct: B
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.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to India, consider the following statements : 1. When a prisoner makes out a sufficient case, parole cannot be denied to …
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 Β· 10/10

This 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.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
With reference to India, is parole a legal right that must be granted when a prisoner makes out a sufficient case, or is parole a discretionary privilege?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"β€œparole is a discretionary remedy whereas furlough is a salutary right and can be granted if the conditions prescribed therein are fulfilled.”"
Why this source?
  • 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.
Web source
Presence: 4/5
"β€œRelease on parole is not an absolute right, though, it is a legal right of every eligible prisoner as per the conditions laid down. This concession is subject to cancellation.”"
Why this source?
  • 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.
Web source
Presence: 4/5
"β€œThe privilege of release on parole and furlough, should be allowed to selective prisoners on the basis of well defined norms of eligibility and propriety.”"
Why this source?
  • 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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2021 TEST PAPER > p. 760
Strength: 5/5
β€œWith reference to India, consider the following statements: β€’ 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. β€’ 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/ are correct? β€’ Ca) I only (b) 2 only β€’ Ce) Both 1 and 2 Cd) Neither 1 nor 2β€’ 7. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Z006? β€’ (a) Ministry of Environment, Forest and Climate Changeβ€’ (b) Ministry of Panchayati Raj”
Why relevant

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'.

How to extend

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.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
Strength: 4/5
β€œINTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 22 When the Supreme Court exercises its discretionary jurisdiction under Article 136 of the Constitution, it is in order to ensure that there is no miscarriage of justice. Article 136 does not confer a right of appeal on any party, but confers a discretionary power on the Supreme Court to interfere in appropriate cases. This power can be exercised in spite of other provisions for appeal contained in the Constitution, or any other law. 32 A pure finding of fact based on appreciation of evidence does not call for interference in exercise of power under Article 136 of the Constitution.”
Why relevant

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.

How to extend

By analogy, a student could ask whether parole is similarly created as an executive/discretionary relief (not an absolute right) in statutes or rules.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222
Strength: 4/5
β€œ[CHAP. 11] In Kehar Singh's case,<sup>25</sup> the following principles were laid down: (a) The convict seeking relief has no right to insist on oral hearing; (b) No guideline needs be laid down by the Supreme Court for the exercise of the power; (c) The power is to be exercised by the President on the advice of the Central Government; (d) The President can go into the merits of the case and take a different view; (e) Exercise of the power by the President is not open to judicial review, except to the limit It should be noted that what has been referred to above as the "pardoning power" comprises a group of analogous powers, each of which has a distinct significance and distinct legal consequences, viz., pardon, reprieve, respite, remission, suspension, commutation.”
Why relevant

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.

How to extend

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.

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
Strength: 4/5
β€œHence, in a case coming under Article 22, the requirements of both Articles 21 and 22 must be complied with. Protection against Arbitrary Arrest and Detention. B. The procedural safeguards against arbitrary arrest and detention, provided for in clauses (1) and (2) of Article 22, are- (a) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest. (b) No such person shall be denied the right to consult, and to be defended by, a legal practitioner of his choice. (c) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the court.”
Why relevant

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.

How to extend

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).

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > THE IMPORTANCE OF RIGHTS > p. 27
Strength: 3/5
β€œMachal Lalung remained in "judicial custody.'' Machal Lalung was released in July 2005. He was 77 then. He spent 54 years under custody during which his case never came up for hearing. He was freed when a team appointed by the National Human Rights Commission intervened after an inspection of undertrials in the State. Machal's entire life was wasted because a proper trial against him never took place. Our Constitution gives every citizen the right to 'life and liberty': this means that every citizen must also have the right to fair and speedy trial. Machal's case shows what happens when rights granted by the Constitution are not available in practice.”
Why relevant

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.

How to extend

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.

Statement 2
With reference to India, do State Governments have their own Prisoners Release on Parole Rules?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"various rules framed by the State Government in exercise of the powers conferred by Section 59 of the Prisons Act, 1894, like the Rajasthan Prison Rules, 2022, Rajasthan Prisoners Release on Parole Rules, 2021,"
Why this source?
  • Explicitly states that State Governments frame rules under the Prisons Act, 1894.
  • Gives a concrete example naming 'Rajasthan Prisoners Release on Parole Rules, 2021'.
Web source
Presence: 5/5
"The respective State Government may enact a local and special law or issue instructions providing for temporary release of prisoners on parole and furlough."
Why this source?
  • 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.
Web source
Presence: 4/5
"Provided that for good and sufficient reasons the State Government may grant release on parole for more than forty days, if situation so arises."
Why this source?
  • 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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2021 TEST PAPER > p. 760
Strength: 4/5
β€œWith reference to India, consider the following statements: β€’ 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. β€’ 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/ are correct? β€’ Ca) I only (b) 2 only β€’ Ce) Both 1 and 2 Cd) Neither 1 nor 2β€’ 7. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Z006? β€’ (a) Ministry of Environment, Forest and Climate Changeβ€’ (b) Ministry of Panchayati Raj”
Why relevant

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.

How to extend

A student could take this noted proposition and check state-level rulebooks or state prison manuals to verify whether individual states have parole rules.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > 3. Single Constitution > p. 140
Strength: 5/5
β€œUsually, in a federation, the states have the right to frame their own Constitution separate from that of the Centre. In India, on the contrary, no such power is given to the states. The Constitution of India embodies not only the Constitution of the Centre but also those of the states. Both the Centre and the states must operate within this single-frame. The only exception in this regard was the case of erstwhile Jammu and Kashmir which had its own (state) Constitution.​”
Why relevant

Explains the federal structure: states operate within a single Constitution but retain powers to make laws/rules on certain subjects.

How to extend

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.

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
Strength: 3/5
β€œIn this form of government, the executive works independently of the legislature. The president is elected by the people. The president does not need to have the confidence of the legislature for his / her position. In some countries like India, states within the country such as Rajasthan or Kerala have their own governments, but they are not completely independent. They are still governed by a larger national government, the Union Government of India. The different forms of democratic government have different structures. You can understand the basic differences from the table 9.1 on the facing page.”
Why relevant

Notes that states have their own governments and administrative autonomy (though not fully independent).

How to extend

A student can reasonably infer that administrative matters like prison management might be handled by state governments and so seek state-level parole rules.

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
Strength: 3/5
β€œThe Preventive Detention Act, 1950 was, thus, passed by the Indian Parliament which constituted the law of preventive detention in India. It was a temporary Act, originally passed for one year only. 136”
Why relevant

Shows that preventive detention law was enacted at the national level (Preventive Detention Act, 1950), illustrating that some detention-related laws are centralised.

How to extend

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.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 93
Strength: 3/5
β€œ(h) Prevention ofThrrorism Act (POTA), 2002. Repealed in 2004. (i) Unlawful Activities (Prevention) Act (UAPA), 1967, as amended in 2004, 2008, 2012 and 2019. It is unfortunate to know that no democratic country in the world has made preventive detention as an integral part of the Constitution as has been done in India. It is unknown in USA. It was resorted to in Britain only during first and second world war time. In India, preventive detention existed even during the British rule. For example, the Bengal State Prisoners Regulation of 1818 and the Defence of India Act of 1939 provided for preventive detention.”
Why relevant

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.

How to extend

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.

Pattern takeaway: UPSC frequently tests the 'Right vs. Privilege' binary. If a statement claims an administrative relief is an 'absolute right' that 'cannot be denied', it is almost always false. Administrative relief is inherently discretionary.
How you should have studied
  1. [THE VERDICT]: Logic-based Sitter. Statement 2 is derived from basic Polity (State List); Statement 1 is solved by identifying the 'Extreme Claim' trap.
  2. [THE CONCEPTUAL TRIGGER]: The 7th Schedule (Entry 4, List II: Prisons) and the administrative distinction between 'Entitlements' vs. 'Discretionary Grants'.
  3. [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.
  4. [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.
Concept hooks from this question
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Discretionary judicial powers (Article 136)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 350
πŸ”— Anchor: "With reference to India, is parole a legal right that must be granted when a pri..."
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Executive clemency is a discretionary power
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Parliamentary safeguard. > p. 222
πŸ”— Anchor: "With reference to India, is parole a legal right that must be granted when a pri..."
πŸ“Œ Adjacent topic to master
S1
πŸ‘‰ Procedural safeguards under Articles 21 and 22
πŸ’‘ The insight

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 21–22 and detention law.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "With reference to India, is parole a legal right that must be granted when a pri..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Federal division of powers (Centre vs State)
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "With reference to India, do State Governments have their own Prisoners Release o..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Preventive detention and historical prison regulations
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "With reference to India, do State Governments have their own Prisoners Release o..."
πŸ“Œ Adjacent topic to master
S2
πŸ‘‰ Political and social responses to prisoner release
πŸ’‘ The insight

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.

πŸ“š Reading List :
  • 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
πŸ”— Anchor: "With reference to India, do State Governments have their own Prisoners Release o..."
πŸŒ‘ The Hidden Trap

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.

⚑ Elimination Cheat Code

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.

πŸ”— Mains Connection

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.

βœ“ Thank you! We'll review this.

SIMILAR QUESTIONS

IAS Β· 2022 Β· Q82 Relevance score: 3.38

With reference to India, consider the following statements : 1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. 2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges. Which of the statements given above is/are correct ?

IAS Β· 2019 Β· Q53 Relevance score: 3.18

With reference to the Legislative Assembly of a State in India, consider the following statements : 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct?

IAS Β· 2025 Β· Q54 Relevance score: 3.03

Consider the following statements : I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct?

IAS Β· 2025 Β· Q59 Relevance score: 2.79

With reference to the Indian polity, consider the following statements : I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office. II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office. III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. Which of the statements given above are correct?