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
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer: Option B
Explanation
1. Statement 1 is incorrect. Parole is a conditional release and is granted at the discretion of the competent authority based on various factors like the prisoner's conduct, the nature of the offense, and the assessment of risk. It is not an absolute right that cannot be denied merely because a sufficient case is made out. The Supreme Court has clarified that parole is not a matter of right.
2. Statement 2 is correct. 'Prisons' is a subject listed under the State List (List II) in the Seventh Schedule of the Constitution of India. Consequently, State Governments have the power to frame their own rules and regulations regarding the administration of prisons and the release of prisoners on parole. These Parole Rules vary from state to state.
Therefore, only statement 2 is correct.