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UPSC Prelims 2021 Q83: Indian Polity – Judiciary

UPSC Prelims 2021, General Studies Paper I · Indian Polity

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?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (b) 2 only

Explanation

Parole in India

StatementClaimVerdictDetail
1Parole cannot be denied when sufficient case is made outFALSEParole 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.
2State Governments have their own Prisoners Release on Parole RulesTRUEPrisons 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

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

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

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