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 ✓ UPSC's answer
(c) Both 1 and 2
(d) Neither 1 nor 2

Why the answer is (b)

• Parole is a temporary, conditional release of a convict for a specific purpose (illness, family death, marriage), granted by the executive under prison rules.

• Statement 2 is correct: 'Prisons' is a State subject (List II, entry 4), so each State frames its own Prisoners Release on Parole Rules (e.g. Delhi Prison Rules, 2018; Maharashtra Prisons Rules).

• Statement 1 is wrong: courts have repeatedly held that parole is a privilege/concession, not a right; it may be refused on grounds such as public order or security even where a prima facie case exists.

• Furlough, by contrast, is a periodic release earned by good conduct.

• Hence 2 only, option (b).

Why the other options are wrong

(a) 1 only: Statement 1 is wrong: parole is a concession, not a right.
(c) Both 1 and 2: Statement 1 is wrong.
(d) Neither 1 nor 2: Statement 2 is correct: States have their own parole rules.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.