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Q32 (IAS/2023) Polity & Governance › Federalism & Emergency Provisions › Centre-state legislative powers Official Key

Consider the following statements : Statement-I : In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons. Statement-II : In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments. Which one of the following is correct in respect of the above statements?

Result
Your answer:  ·  Correct: A
Explanation

The correct answer is Option 1. Both statements are correct, and Statement-II provides the historical and legal foundation for Statement-I.

Statement-I is correct: Under the Seventh Schedule of the Constitution of India, 'Prisons' and 'persons detained therein' fall under Entry 4 of the State List. Consequently, State Governments possess the exclusive power to manage prisons and formulate their own Prison Manuals, rules, and regulations for daily administration.

Statement-II is correct: The Prisons Act of 1894 is the primary central legislation governing management in India. Historically, this Act placed prisons under the control of Provincial Governments. This legal framework was later carried forward into the constitutional era, reinforcing the decentralization of prison administration.

Connection: Statement-II explains the legal origin of the administrative autonomy mentioned in Statement-I. Since the 1894 Act vested control in Provincial (now State) Governments, it directly explains why states today manage prisons with their own specific rules.

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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. Consider the following statements : Statement-I : In India, prisons are managed by State Governments with their own rules and regulation…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 10/10
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This question is a classic 'Static-Current Hybrid'. The trigger was the 'Model Prisons Act, 2023' news replacing the colonial law. The strategy is simple: When a major colonial law is in the news for repeal/amendment, you must know the *original* law's jurisdiction and basic structure.

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
Are prisons in India managed by State Governments rather than by the central government?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"in Entry 4, List II of the Seventh Schedule of the Constitution. Every State and Union Territory (UT) therefore has its own legislative framework governing the operation of correctional institutions."
Why this source?
  • Explicitly locates prisons under Entry 4, List II (State List) of the Seventh Schedule, indicating state-level legislative competence.
  • States and Union Territories have their own legislative frameworks for operating correctional institutions, implying management lies with them.
Web source
Presence: 4/5
"At present, the enactment of the Model Prison Manual 2016 (MPM 2016) and Model Prisons and Correctional Services Act, 2023 (MPA 2023) are significant steps by the Central Government to guide the States in streamlining and updating the prison policy in India."
Why this source?
  • Describes the Central Government's role as issuing model laws and guidance (MPM 2016, MPA 2023) to guide the States, implying that actual implementation/management is by States.
  • Framing these as 'steps by the Central Government to guide the States' shows the central government provides direction rather than direct management.
Web source
Presence: 4/5
"the jail manual drafted by the committee was accepted by the Central government and circulated to State governments in late December 2003."
Why this source?
  • Notes a central-drafted jail manual was 'accepted by the Central government and circulated to State governments', indicating the centre issues guidance while States are the recipients/implementers.
  • Reference to Supreme Court direction to prepare a uniform manual but circulation to States implies management and action rest with State governments.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > El l AtI~lndia Services > p. 150
Strength: 5/5
“Like in any other federation, the Centre and the states also have their separate public services called as the Central Services and the State Services respectively. In addition, there are All-India Services (IAS), IPS and IFoS. The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns. But, they are recruited and trained by the Centre. These services are controlled jointly by the Centre and the states. The ultimate control lies with the Central government while the immediate control vests with the state governments. In 1947, Indian Civil Service (ICS) was replaced by IAS and the Indian Police (IP) was replaced by IPS, and were recognised by the Constitution as All-India Services.”
Why relevant

Explains that the federation has separate Central Services and State Services, with many functions administered by state governments.

How to extend

A student could check whether prison administration is listed among State Services or appears in the Constitution's State List to infer state management.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > El l AtI~lndia Services > p. 150
Strength: 4/5
“Like in any other federation, the Centre and the states also have their separate public services called as the Central Services and the State Services respectively. In addition, there are All-India Services (IAS), IPS and IFoS. The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns. But, they are recruited and trained by the Centre. These services are controlled jointly by the Centre and the states. The ultimate control lies with the Central government while the immediate control vests with the state governments. In 1947, Indian Civil Service (ICS) was replaced by IAS and the Indian Police (IP) was replaced by IPS and were recognised by the Constitution as All-India Services.”
Why relevant

Reiterates the pattern that many public functions are handled by State Services while All‑India services serve both levels.

How to extend

Using this pattern, a student could ask whether prison staff belong to State Services or All‑India/Central Services to judge which government manages prisons.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 161
Strength: 4/5
“Parliament also assumes the power to make laws on subjects within the jurisdiction of the States.• ± Even during normal circumstances, the central government has very effective financial powers and responsibilities. In the first place, items generating revenue are under the control of the central government. Thus, the central government has many revenue sources and the States are mostly dependent on the grants and financial assistance from the centre. Secondly, India adopted planning as the instrument of rapid economic progress and development after independence. Planning led to considerable centralisation of economic decision making. Planning commission appointed by the union government is the coordinating machinery that controls and supervises the resources management of the States.”
Why relevant

Notes that the Constitution allocates subject‑matter powers among Centre and States and that Parliament can sometimes legislate on state subjects — showing how administrative responsibility usually follows constitutional lists.

How to extend

A student could consult the constitutional division of subjects (Union/State/Concurrent Lists) to see where prison administration appears.

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 1: Power-sharing > Forms of power-sharing > p. 9
Strength: 3/5
“In India, we call them State Governments. This system is not followed in all countries. There are many countries where there are no provincial or state governments. But in those countries like ours, where there are different levels of government, the constitution clearly lays down the powers of different levels of government. This is what they did in Belgium, but was refused in Sri Lanka. This is called federal division of power. The same principle can be extended to levels of government lower than the State government, such as the municipality and panchayat. Let us call division of powers involving higher and lower levels of government vertical division of power.”
Why relevant

States that the constitution clearly lays down powers of different government levels and calls regional governments 'State Governments', implying many local administrative functions are assigned to states.

How to extend

Apply this principle by looking up whether prisons are treated as a regional/local administrative function and therefore assigned to State Governments.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 74: Public Services > Central Services > p. 546
Strength: 3/5
“The personnel of Central Services work under the exclusive jurisdiction of the Central Government. They manage specialized (functional and technical) positions in various departments of the Central Government. Most of them are controlled and managed by their respective ministries/departments, while a few of them are controlled and managed by the Ministry of Personnel. It (Ministry of Personnel) also determines the general policies pertaining to all the Central Services. In fact, the Ministry of Personnel is the central personnel agency in the Government of India. Before independence, the Central Services were classified into Class I, Class II, Subordinate and Inferior services.”
Why relevant

Describes Central Services as under exclusive central jurisdiction and specialized technical roles — implying routine law-and-order or custodial functions might instead fall under state control.

How to extend

A student could identify whether prison personnel are recruited under Central Services or under State Services to infer managerial responsibility.

Statement analysis

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Statement analysis

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Statement analysis

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Consider the following statements : Statement I : In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories. Statement II : In India, the Central Government has the power to notify minor minerals under the relevant law. Which one of the following is correct in respect of the above statements?

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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?