With reference to prison administration and parole in India, consider the following statements:
1. A prisoner has an absolute right to be released on parole once sufficient grounds are established.
2. Prison management and the formulation of parole rules fall under the jurisdiction of the State Governments as per the Seventh Schedule of the Constitution.

Which of the statements given above is/are correct?

Question

With reference to prison administration and parole in India, consider the following statements:
1. A prisoner has an absolute right to be released on parole once sufficient grounds are established.
2. Prison management and the formulation of parole rules fall under the jurisdiction of the State Governments as per the Seventh Schedule of the Constitution.

Which of the statements given above is/are correct?

Accepted Answer

Statement 1 is incorrect: Release on parole is not a matter of right for a prisoner. Even if sufficient grounds are provided, the administration reserves the right to deny parole. Statement 2 is correct: Under Entry 4 of the State List in the Seventh Schedule of the Constitution of India, 'Prisons, reformatories, Borstal institutions and other institutions of a like nature...' fall under the state list. Thus, the state legislatures have the jurisdiction to make rules regarding prisons, including parole rules.

Answer

Answer