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
Solution :
The correct option is 2 only.
Let us analyze the statements given in the question step-by-step:
Statement 1: Incorrect
Parole is a temporary release of a prisoner, suspended on specific conditions and for a specified period. In India, parole is not considered an absolute legal right of a prisoner. Even if a prisoner makes out a sufficient case, the granting authority has the discretion to deny parole based on factors such as public safety, threat to law and order, or risk of absconding. Therefore, parole cannot be claimed as a matter of right.
Statement 2: Correct
Under the Constitution of India, 'Prisons and persons detained therein' fall under the State List (Item 4 of List II in the Seventh Schedule). Consequently, prison administration and rules regarding release on parole or furlough are governed by individual State Governments. Each state has framed its own set of rules (e.g., Prisons Rules / Release on Parole Rules) to regulate the procedure and conditions for granting parole to prisoners.
Conclusion:
Since Statement 1 is incorrect and Statement 2 is correct, the correct answer choice is 2 only.
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