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UPSC Prelims 2021 Paper-1 📅 10 Oct, 2021

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?

A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Result Summary
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UPSC Prelims
2021 • 10 Oct, 2021 • Paper-1
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?
Correct Answer
2 only
Nature of Parole: Indian jurisprudence strictly maintains that parole is a conditional temporary release granted by the executive, not a fundamental or absolute......
Ref/Book : UPSC Prelims 2021
Ref. Subject Polity
Chapter -
Ref. Topic Judiciary
Pg. No -
💡 Analysis & Explanation
Nature of Parole ▼
Indian jurisprudence strictly maintains that parole is a conditional temporary release granted by the executive, not a fundamental or absolute legal right of the convict. Even if a prisoner presents a compelling reason (like a family emergency), the authorities retain the discretion to deny parole if they perceive a threat to public safety or a risk of the prisoner absconding. Hence, the first statement is inherently flawed.
Jurisdictional Framework ▼
'Prisons' and persons detained therein constitute a subject falling exclusively under the State List in the Seventh Schedule of the Constitution. Consequently, every State Government possesses the legislative authority to draft and implement its distinct set of 'Prisoners Release on Parole Rules'. Thus, the second statement is correct.
Conclusion ▼
The granting of parole is a state-regulated administrative privilege, not an undeniable right.
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