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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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Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
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PROVENANCE & STUDY PATTERN
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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

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 2
Do State Governments in India have their own rules and regulations for the day-to-day administration of prisons in their states?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"State governments thus have their own rules for the day to day administration of prisons, upkeep and maintenance of prisoners, and prescribing procedures."
Why this source?
  • Directly states that State governments have their own rules for day-to-day prison administration.
  • Specifies these rules cover upkeep and maintenance of prisoners and prescribing procedures.
Web source
Presence: 5/5
"Thus, States have the primary role, responsibility and authority to change the current prison laws, rules and regulations."
Why this source?
  • Explicitly assigns primary role and authority to States to change prison laws, rules and regulations.
  • Supports the idea that prison regulation is principally a state responsibility.
Web source
Presence: 4/5
"while most of the States have their own prison legislations, some States are still governed by the century old Prisons Act of 1894 along with regional variations."
Why this source?
  • States generally have their own prison legislations, indicating state-specific rules.
  • Notes variation across states, with some still following the older Prisons Act, showing state-level differences.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2021 TEST PAPER > p. 760
Strength: 5/5
“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? • Ca) I only (b) 2 only • Ce) Both 1 and 2 Cd) Neither 1 nor 2• 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? • (a) Ministry of Environment, Forest and Climate Change• (b) Ministry of Panchayati Raj”
Why relevant

Explicit example: the snippet states 'State Governments have their own Prisoners Release on Parole Rules', showing that at least one class of prison-related rules is made by states.

How to extend

A student could generalize from parole rules to other operational prison rules and then check individual state prison manuals or rules to test whether states issue broader prison regulations.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Governor > p. 313
Strength: 4/5
“The Constitution of India envisages the same pattern of government in the states as that for the Centre, that is, a parliamentary system. Part VI of the Constitution deals with the government in the states. Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state executive consists of the governor, the chief minister, the council of ministers and the advocate general of the state. Thus, there is no office of vice-governor (in the state) like that of Vice-President at the Centre. The governor is the chief executive head of the state. But, like the President, he/she is an anominal executive head (titular or constitutional head).”
Why relevant

Explains that states have their own executive (governor, chief minister, council of ministers) under Part VI, implying states carry out internal administration through their executive organs.

How to extend

Combine this with the idea that day-to-day prison administration is an internal/state executive function and examine state executive notifications or departments (e.g., prisons/home) for state-level rules.

Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 1: Power-sharing > Forms of power-sharing > p. 9
Strength: 4/5
“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 are described as distinct levels of government with powers 'clearly laid down' by the Constitution, illustrating the federal principle that different levels can have separate responsibilities.

How to extend

Use the federal division-of-powers idea to infer that matters of internal administration (like prisons) might fall to state governments and then verify via state lists of subjects or laws.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 41: Union Territories > Table 41.2 Comparing States and Union Territories > p. 413
Strength: 3/5
“1. | Their relationship with Centre Is unitary. 2. | 2. | They are under the direct control and administration of the Centre. J. | They have autonomy. | 3. | They do not have any autonomy. there Is uniformity In their administrative set-up. | 4. | -- There is no uniformity In their administrative set·up. 5. | Their executive head is known by various designations administrator or lieutenant governor or chief commissioner. (Contd.) 6Annual Report 2021-22, Ministry of Home Affairs, Government of India, p. 60. India 2022: A Reference Annual, Publications Division, Government of India, p. 71.”
Why relevant

Contrast with Union Territories: the table points out UTs are under direct central control while states 'have autonomy' and varied administrative set-ups, suggesting states can frame their own administrative rules.

How to extend

A student could contrast state prison rules with central control in UTs (where central rules might apply) to see whether states indeed have distinct prison regulations.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 93
Strength: 3/5
“(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

Historical/legal example: references to Bengal State Prisoners Regulation of 1818 and other regional detention laws show precedents of region/state-level prison/detention regulations.

How to extend

Use these historical examples as a pattern that regional authorities can enact prison-related laws and then look for contemporary state statutes or rules on prison administration.

Statement 3
Does the Prisons Act, 1894 govern the law relating to prisons in India?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"This Act may be called the Prisons Act, 1894."
Why this source?
  • Official government source names the statute and its territorial extent.
  • Shows the Act is titled 'The Prisons Act, 1894' and applies to India (with specified exceptions).
Web source
Presence: 5/5
"Thus came into being the Prisons Act, 1894 which is the current law governing man- agement and administration of prisons in India."
Why this source?
  • Explicitly states that the Prisons Act, 1894 is the current law governing prison management and administration in India.
  • Directly ties the Act to governance of prisons in India.
Web source
Presence: 5/5
"It is the Prisons Act, 1894, on the basis of which the present jail management and administration operates in India."
Why this source?
  • Repeats that the Prisons Act, 1894 forms the basis for present jail management and administration in India.
  • Supports the claim that the Act governs prison law and practice.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2021 TEST PAPER > p. 760
Strength: 5/5
“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? • Ca) I only (b) 2 only • Ce) Both 1 and 2 Cd) Neither 1 nor 2• 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? • (a) Ministry of Environment, Forest and Climate Change• (b) Ministry of Panchayati Raj”
Why relevant

States have their own 'Prisoners Release on Parole Rules', indicating prison administration/regulation is exercised at state level as well as by other laws.

How to extend

A student could check the constitutional distribution of 'prisons' (State List) and infer that a central 1894 Act may not be the only or exclusive source of prison law today.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 93
Strength: 4/5
“(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

References to historical colonial-era prison regulations (Bengal State Prisoners Regulation 1818) show a pattern of prison law originating in colonial statutes.

How to extend

One could reasonably suspect the existence of other colonial prison statutes (like an 1894 Act) and then look up whether such an Act was retained, amended, or superseded post-independence.

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
Strength: 4/5
“But no proper assessment of this provision of our Constitution is possible without taking note of the following circumstances: Firstly, detention without trial was not a new idea introduced by the makers of our Constitution. For the first time. It was in existence since the early days of Hilltory of Preventive British India, under the notorious Bengal Regulation III of Detention in India. 1818 (the Bengal State Prisoners Regulation) and similar enactments in Madras and Bombay which laid no fetters. upon the powers of the Government to detain a person on suspicion.”
Why relevant

Notes that preventive/detention laws were present in British India and continued into modern statutes, demonstrating continuity and replacement patterns for colonial laws.

How to extend

Use this pattern (colonial laws being continued, replaced, or re-enacted) to investigate whether the Prisons Act, 1894 was retained, amended, or replaced by later central or state legislation.

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
“The 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 Parliament enacted the Preventive Detention Act, 1950, illustrating that the central legislature creates post-independence laws on detention/prison-related matters.

How to extend

A student could check whether Parliament enacted or amended prison law after 1894 (e.g., 1950s onwards) which might alter the role of an 1894 Act.

Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 5: Land Reforms > The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013) > p. 195
Strength: 3/5
“(The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013) Introduction: Under the Constitution of India, "land" falls under the state list while "land acquisition" comes under the concurrent list empowering the centre as well as the States to legislate on the matter. But the States have to frame their laws in conformity with the central legislations and in case of any conflict; the Central law prevails over the State's law. The original Land Acquisition Act 1894 was a colonial legislation enacted by the British primarily to acquire private land to lay railway lines and for other such construction works.”
Why relevant

Mentions the Land Acquisition Act, 1894 as an example of a colonial 1894 statute that continued relevance, showing that statutes from 1894 can be enduring central laws.

How to extend

This suggests a plausible hypothesis that a Prisons Act of 1894 (if it exists) might similarly have been a central colonial statute; the student could then check whether it remains in force or has been superseded.

Statement 4
Does the Prisons Act, 1894 expressly place control of prisons with Provincial Governments (provincial/state authorities)?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"governing prisons is the Prisons Act, 1894 and 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, the Rajasthan Prisoners (Shortening of Sentences) Rules 2006 and the Rajasthan Prisoners Open Air Camp Rules, 1972."
Why this source?
  • States frame prison-related rules under powers given by the Prisons Act, 1894, indicating rule-making/control at the state level.
  • Provides concrete examples (e.g., Rajasthan Prison Rules) showing State Governments exercising those powers.
Web source
Presence: 5/5
"State Governments. Thus, States have the primary role, responsibility and authority to change the current prison laws, rules and regulations."
Why this source?
  • Explicitly states that State Governments 'have the primary role, responsibility and authority' to change prison laws, rules and regulations.
  • Lists the Prisons Act, 1894 among statutes bearing on prison regulation, linking the Act to state-level authority.
Web source
Presence: 4/5
"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?
  • Identifies prisons as falling under Entry 4, List II of the Seventh Schedule (state list), meaning States/UTs have legislative authority over prisons.
  • States that every State/UT has its own legislative framework governing operation of correctional institutions.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 1: Historical Background > The features of this Act were as follows: > p. 6
Strength: 5/5
“1. It provided for the classification of all the subjects of administration into two categories, namely, the central subjects and the provincial subjects. This classification was done by the "Devolution Rules" framed under the Act. These rules facilitated the delegation of authority from the centre to the provinces. way, the Act relaxed the central control over the provinces. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary. • 2. It further divided the provincial subjects into two parts—transferred and reserved. The transferred subjects included public health, education, local self-government, agriculture etc., while the reserved subjects included police, administration of justice, prisons, land revenue, finance etc.”
Why relevant

States that provincial subjects were divided and that 'prisons' was listed among reserved provincial subjects, implying prisons were treated as a provincial-level subject in later administrative lists.

How to extend

A student could check statutory lists or the original Prisons Act text to see whether the Act delegates administration to provinces consistent with this categorization.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 1: Historical Background > The features of this Act were as follows: > p. 6
Strength: 5/5
“1. It provided for the classification of all the subjects of administration into two categories, namely, the central subjects and the provincial subjects. This classification was done by the "Devolution Rules" framed under the Act. These rules facilitated the delegation of authority from the centre to the provinces. Way, the Act relaxed the central control over the provinces. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary. • 2. It further divided the provincial subjects into two parts—transferred and reserved. The transferred subjects included public health, education, local self-government, agriculture etc., while the reserved subjects included police, administration of justice, prisons, land revenue, finance etc.”
Why relevant

Repeats the point that the Act (here the Government of India Act context) placed 'prisons' under provincial subjects, showing a pattern of treating prisons as within provincial competence.

How to extend

Use this pattern to hypothesize that imperial/local prison administration was expected to be handled by provincial authorities and then verify the Prisons Act wording.

Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 9: Administrative Changes After 1858 > Administration > p. 154
Strength: 4/5
“Government to supervise the efficient collection of revenues by a provincial government or to keep adequate check over its expenditure. On the one hand, the two governments constantly quarrelled over minute details of administration and expenditure, and, on the other, a provincial government had no motive to be economical. The authorities therefore decided to decentralise public finance. The first step in the direction of separating central and provincial finances was taken in 1870 by Lord Mayo. The provincial governments were granted fixed sums out of central revenues for the administration of certain services like Police, Jails, Education, Medical Services, and Roads and were asked to administer them as they wished.”
Why relevant

Describes 19th-century administrative practice of giving provincial governments control over services including Police and Jails; shows historical precedent for provincial administration of prisons.

How to extend

Combine this administrative history with the Prisons Act date (1894) to infer likely alignment of the Act with provincial administration and then check the Act's provisions.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 1: Historical Background > The features of this Act were as follows: > p. 8
Strength: 4/5
“And princely states as units. The Act divided the powers between the Centre and units in terms of three lists-Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). However, the federation never came into being as the princely states did not join it. • It abolished dyarchy in the provinces and introduced 'provincial autonomy' in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible Governments in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature.”
Why relevant

Explains that later constitutional arrangements divided powers into lists (Federal, Provincial, Concurrent) and granted provinces autonomous administration in their spheres — a general rule about allocation of subjects.

How to extend

Use the list-based rule to look up whether 'prisons' appears on a provincial list or was retained centrally at the time of the 1894 Act.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 26: Constitutional, Administrative and Judicial Developments > Mayo's Resolution of 1870 > p. 528
Strength: 3/5
“Financial decentralisation was a legislative devolution inaugurated by the Indian Councils Act of 1861. Apart from the annual grant from imperial Government, the provincial governments were authorised to resort to local taxation to balance their budgets. This was done in context of transfer of certain departments of administration, such as medical services, education and roads, to the control of provincial governments. This was the beginning of local finance. Mayo's Resolution emphasised, "Local interest, supervision and care are necessary for success in the management of the funds devoted to education, sanitation, medical relief and local public works." The various provincial governments such as in Bengal, Madras, North-Western Province, Punjab, passed municipal acts to implement the policy outlined.”
Why relevant

Notes financial decentralisation and transfer of certain administrative departments (education, medical, roads) to provinces and mentions transfer of departments like jails in context of provincial finances, showing institutional trend.

How to extend

A student can take this trend as supporting evidence that jail administration was commonly a provincial function and then inspect the Prisons Act for explicit assignment of control.

Pattern takeaway: UPSC loves 'Colonial Continuity'. If a law currently in force is from the 19th century (e.g., Police Act 1861, Epidemic Diseases Act 1897, Prisons Act 1894), assume its structure reflects the colonial 'Provincial' delegation unless explicitly centralized later.
How you should have studied
  1. [THE VERDICT]: Sitter for serious aspirants. The 'Prisons = State List' fact is standard Polity, and the 1894 Act was heavily discussed in 2022-23 editorials.
  2. [THE CONCEPTUAL TRIGGER]: The Ministry of Home Affairs (MHA) releasing the 'Model Prisons Act, 2023' to replace the 'Prisons Act, 1894'.
  3. [THE HORIZONTAL EXPANSION]: Memorize the Jurisdiction of related machinery: Police & Public Order (State List, Entry 1 & 2), Prisons (State List, Entry 4), Criminal Law & Procedure (Concurrent List, Entry 1 & 2), Preventive Detention (Concurrent List, Entry 3).
  4. [THE STRATEGIC METACOGNITION]: When reading about a 'New Bill', always profile the 'Old Act' it replaces. Ask: Was the old act Central or Provincial? Why is it being replaced? (Answer: It was retributive, not reformative).
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Division of powers between Union and State (federal legislative distribution)
💡 The insight

Allocation of subjects between Union and State determines whether institutions like prisons fall under state or central jurisdiction.

High-yield for UPSC because many polity questions require identifying which level of government has legislative and administrative authority; links directly to federalism, centre-state disputes, and governance case studies. Mastery helps answer questions on law-and-order, public institutions, and constitutional remedies.

📚 Reading List :
  • Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 1: Power-sharing > Forms of power-sharing > p. 9
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 161
🔗 Anchor: "Are prisons in India managed by State Governments rather than by the central gov..."
📌 Adjacent topic to master
S1
👉 Central Services vs State Services and All-India Services (IAS, IPS)
💡 The insight

Understanding which cadres are controlled by the Centre or the State clarifies who manages personnel in institutions related to law and order and prison administration.

Essential for UPSC mains and interviews: explains recruitment, control and service allocation across levels of government; connects to administrative control, intergovernmental coordination, and accountability issues in public institutions.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > El l AtI~lndia Services > p. 150
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 74: Public Services > Central Services > p. 546
🔗 Anchor: "Are prisons in India managed by State Governments rather than by the central gov..."
📌 Adjacent topic to master
S1
👉 Financial centralisation and planning influence on Centre–State administration
💡 The insight

Central financial powers and planning authority affect the capacity of states to administer sectors and institutions that may otherwise be state responsibilities.

Important for answering questions on fiscal federalism, implementation gaps, and policy outcomes; helps link constitutional distribution of functions with practical resource constraints and cooperative mechanisms between levels of government.

📚 Reading List :
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 161
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Punchhi Commission > p. 164
🔗 Anchor: "Are prisons in India managed by State Governments rather than by the central gov..."
📌 Adjacent topic to master
S2
👉 Federal (vertical) division of powers
💡 The insight

Vertical division of power assigns distinct responsibilities to higher and lower levels of government, directly relating to whether a state can make its own administrative rules.

High-yield for UPSC because questions often test centre–state relations and allocation of subjects; mastering this helps answer questions on which level of government can legislate or administer specific functions and links to constitutional federalism topics.

📚 Reading List :
  • Democratic Politics-II. Political Science-Class X . NCERT(Revised ed 2025) > Chapter 1: Power-sharing > Forms of power-sharing > p. 9
🔗 Anchor: "Do State Governments in India have their own rules and regulations for the day-t..."
📌 Adjacent topic to master
S2
👉 State executive (Part VI, Articles 153–167)
💡 The insight

The state executive (governor, chief minister, council of ministers) is the constitutional organ responsible for state administration and therefore for implementing state-level rules.

Important for administrative and polity questions about how state governments function; understanding the composition and role of the state executive helps analyze state-level rule-making and implementation in governance-related questions.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Governor > p. 313
🔗 Anchor: "Do State Governments in India have their own rules and regulations for the day-t..."
📌 Adjacent topic to master
S2
👉 Definition of 'State' under Article 12
💡 The insight

The constitutional definition of 'State' includes government and legislature of states and local authorities, clarifying which bodies are responsible for rights and administration.

Crucial for answering questions on responsibility and accountability in fundamental rights and administrative actions; links constitutional definitions to practical governance and centre–state issues.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > DEFINITION OF STATE > p. 77
🔗 Anchor: "Do State Governments in India have their own rules and regulations for the day-t..."
📌 Adjacent topic to master
S3
👉 Preventive detention: historical origins and post‑independence laws
💡 The insight

Preventive detention in India has colonial antecedents like the Bengal State Prisoners Regulation of 1818 and was later embodied in statutes such as the Preventive Detention Act, 1950.

High-yield for UPSC questions on civil liberties and constitutional law: connects colonial legal history to contemporary statutes and fundamental rights. Mastering this helps answer questions on detention without trial, continuity of colonial laws, and legislative responses to security concerns.

📚 Reading List :
  • 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
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > El l Protection Against Arrest and Detention > p. 92
🔗 Anchor: "Does the Prisons Act, 1894 govern the law relating to prisons in India?"
🌑 The Hidden Trap

The 'Preventive Detention' Trap: While 'Prisons' are exclusively a State subject, 'Preventive Detention' for reasons of state security is a Concurrent subject (Entry 3, List III). The Centre can and does legislate on detention (e.g., UAPA, NSA), unlike regular prison management.

⚡ Elimination Cheat Code

Apply 'Administrative Feasibility' Logic. For Statement I: Could the Central Government in Delhi practically manage the 'day-to-day' roster of a sub-jail in a remote district? Impossible. Administrative logic dictates this must be a State/Local function.

🔗 Mains Connection

Mains GS-2 (Federalism & Governance): This links to 'Fiscal Federalism'. States manage prisons, but lack funds for modernization. The Centre issues 'Model Manuals' (advisory) because it cannot constitutionally force prison reforms on States without a constitutional amendment.

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SIMILAR QUESTIONS

IAS · 2025 · Q89 Relevance score: 3.50

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?

IAS · 2021 · Q63 Relevance score: 3.04

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?