UPSC Prelims 2021 Q83: Indian Polity – Judiciary
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Parole in India
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Parole cannot be denied when sufficient case is made out | FALSE | Parole is NOT a matter of right even when a sufficient case exists. It remains a discretionary privilege of the state, subject to conditions and public interest considerations. State can deny parole for security/behaviour reasons even in strong cases. |
| 2 | State Governments have their own Prisoners Release on Parole Rules | TRUE | Prisons is a State subject (Entry 4, State List). Each state has its own Prisoners Release on Parole Rules (e.g. Delhi 2010, Maharashtra 1959, Karnataka Prison Rules). Rules vary in eligibility, duration and conditions. |
Only statement 2 is correct. Answer: (b).
Answer: (b) 2 only.
Why each option is right or wrong
- (a) Incorrect. Parole remains a privilege, not a right - can be denied on state discretion even when a case is made out.
- (b) CORRECT. Only statement 2 is correct - Prisons is a State subject, so each state has its own Prisoners Release on Parole Rules (e.g. Delhi 2010, Maharashtra 1959). Statement 1 is wrong - parole is a discretionary privilege, not a right.
- (c) Incorrect. Statement 1 is legally wrong.
- (d) Incorrect. Statement 2 is factually correct.
Key point
Parole = discretionary privilege (NOT a right), governed by State Prison Rules. Prisons = State subject (Entry 4, State List). Types: (i) Regular parole (family emergencies, up to 30 days), (ii) Furlough (short-term periodic release for good behaviour). Statement 2 only correct.
Remember
Parole cannot be claimed as a matter of right even when a sufficient case is made out (statement 1 wrong - it is a discretionary privilege). State Governments have their own Prisoners Release on Parole Rules because Prisons is a State subject (Entry 4, State List) - statement 2 correct. Answer: (b) 2 only.
Common mistakes
- Assuming parole is a right upon meeting conditions. It is DISCRETIONARY throughout.
- Confusing parole (temporary release during sentence) with bail (release pending trial) or remission (reduction of sentence).
- Not knowing prisons are on the State List, so parole rules vary widely across states.
Exam tip
Parole vs Furlough: (i) Parole = for specific need (family emergency, medical), up to 30 days, sentence NOT counted; (ii) Furlough = for good behaviour, periodic short release, sentence IS counted. Both are State List subjects. Bail is different - it is release pending trial under CrPC.
Sources
- Constitution of India - Seventh Schedule (State List Entry 4: Prisons)
- Model Prison Manual 2016, Ministry of Home Affairs