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?
Answer & explanation
Answer: (b) 2 only
Parole and furlough rules are made by each State, not by the Centre, so statement 2 is correct. Statement 1 is wrong because these rules do not give a prisoner a legal right to be released; parole is a conditional, discretionary release.
- ✗ 1. The Ministry of Home Affairs' Model Prison Manual says release on parole is not an absolute right: an eligible prisoner has a legal right only as per the conditions laid down, and the concession can be cancelled. So parole cannot be claimed as of right merely on making out a case.
- ✓ 2. Each State frames its own rules: the MHA Model Prison Manual says the respective State Government or Union Territory may enact a local and special law or issue instructions on parole and furlough. An example is the Bombay Furlough and Parole Rules, made under Section 59 of the Prisons Act, 1894, which apply in Gujarat.
Remember · Parole is a conditional, discretionary release, not a right. Each State has its own parole rules, as prisons are a State subject.
Sources
- Ministry of Home Affairs, Model Prison Manual 2016, Ch XIX (parole and furlough), para 19.06.4 ↗ “Release on parole is not an absolute right, though, it is a legal right of every eligible prisoner as per the conditions laid down. This concession is subject to cancellation. … The respective State Government/ Union Territory may enact a local and special law or issue instructions providing for temporary release of prisoners on parole and furlough.”
- Supreme Court of India, State of Gujarat v. Narayan @ Narayan Sai (20 October 2021), copy on Indian Kanoon ↗ · reference work “the Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough. … The Bombay Furlough and Parole Rules were made pursuant to Section 59 of the Prisons Act 1894 and are applicable in the State of Gujarat.”
Question and answer: UPSC's official GS Paper I (2021, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 1 Oct 2026 (how we verify). ·