Prelims 2021 · Polity and Constitution · Question 83
With reference to India, consider the following statements:<br/>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.<br/>2. State Governments have their own Prisoners Release on Parole Rules.<br/><br/>Which of the statements given above is/are correct?
Answer
2 only
Incorrect. Parole is generally treated as a conditional release/administrative concession, not an absolute fundamental or statutory right in all cases. Even if a prisoner makes out a case, it can still be denied on valid grounds such as public safety, prison rules, or other relevant considerations.
Correct. Prisons are a State subject under the State List, and States frame their own Prisoners Release on Parole/Furlough Rules. Hence, parole rules vary across States.
Therefore, only statement 2 is correct.