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.