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?
A1 only
B2 only
CBoth 1 and 2
DNeither 1 nor 2
Answer & Solution
Correct answer: B. 2 only
Answer: B. Only statement 2 is correct.
PAROLE is a CONDITIONAL TEMPORARY RELEASE of a prisoner from jail before completion of the full sentence, granted for specific compelling reasons (illness/death of a family member, agricultural needs, marriage in family, etc.). It is granted at the discretion of the appropriate authority (state government), subject to conditions.
Statement 1 is WRONG. PAROLE IS NOT A MATTER OF RIGHT. Even when a prisoner makes out a 'sufficient case' (illness in family, etc.), parole CAN STILL BE DENIED on grounds of:
- Public order, security of the state.
- Past criminal history.
- Likelihood of absconding.
- The seriousness of the offence.
The Supreme Court has held in multiple cases (e.g., State of Haryana vs Mohinder Singh 2000) that PAROLE IS A DISCRETIONARY CONCESSION granted by the executive on humanitarian grounds — NOT an enforceable right of the convict. Hence the absolute language 'cannot be denied because it becomes a matter of his/her right' is incorrect.
Statement 2 is CORRECT. STATE GOVERNMENTS HAVE THEIR OWN PRISONERS RELEASE ON PAROLE RULES because 'PRISONS' is a STATE SUBJECT (List II, Entry 4 of the Seventh Schedule). Each state therefore has its own prison manual and parole rules:
- Maharashtra Parole Rules.
- Tamil Nadu Prisoners (Temporary Leave) Rules.
- Delhi Prison Rules.
- Punjab Good Conduct Prisoners (Temporary Release) Act and Rules.
The central Model Prison Manual (2003, updated 2016) and Model Prisons and Correctional Services Act 2023 provide guidance but each state's executive notifications govern parole grant and conditions in its jails.
Source: Constitution of India Seventh Schedule List II / Model Prison Manual 2016 / Supreme Court judgments on parole as a privilege not a right.
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