Prelims · Polity & governance · 30 questions

Federalism, states & centre–state relations

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Prelims 2021 · Q83

Medium

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). Permalink ·

Prelims 2021 · Q86

Medium

Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

Answer & explanation

Answer: (a) The independence of judiciary is safeguarded.

An independent judiciary is an essential mark of a federation, because someone neutral must settle disputes between the Centre and the States over who holds which power. India has this: the Supreme Court has original jurisdiction over Centre–State and inter-State disputes.

✓ (a) Two levels of government need an umpire on the division of powers. Article 131 gives the Supreme Court exclusive original jurisdiction in disputes between the Government of India and States, or between States.
✗ (b) Elected representatives from States sitting in the Union legislature also happens in unitary systems, where regions send members to the national legislature. It does not show a federal character.
✗ (c) Regional-party members in the Union Cabinet arise from coalition politics, not from a constitutional feature of federalism.
✗ (d) Fundamental Rights being enforceable in court protect individuals against the State. They are found in unitary democracies too, so they do not mark a federation.

Remember · Federal features: two levels of government, a written constitution, division of powers and an independent judiciary to resolve Centre–State disputes (Article 131).

📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 7 (practise this chapter)

Sources

NCERT Class 11 · Indian Constitution at Work, Chapter 7 “To prevent conflicts between the centre and the State, there is an independent judiciary to settle disputes.”
Constitution of India, Article 131 ↗ “Original jurisdiction of the Supreme Court.—Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute— (a) between the Government of India and one or more States”

Question and answer: UPSC's official GS Paper I (2021, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). Permalink ·

The same topic in Mains

Federalism & devolutionGS 2 syllabus
Parliament & state legislaturesGS 2 syllabus

Read it in NCERT

Class 11 Indian Constitution at Work, Chapter 7cited in 1 explanation