UPSC Prelims 2021 Q83: Parole in India and State Rules — Explained
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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (b) 2 only
Statement-wise explanation
- 1: incorrect — In India, parole is a conditional release granted at the authorities' discretion. It is not something a prisoner can demand as a matter of right. In Asfaq v. State of Rajasthan (2017), the Supreme Court said parole must be weighed against public interest. It also said habitual offenders, and prisoners likely to reoffend or threaten law and order, should not get it. So a prisoner can make out a sufficient case and still be refused. The Union Home Ministry's 4 September 2020 advisory to States said the same: parole and furlough are not an absolute right.
- 2: correct — 'Prisons/persons detained therein' is Entry 4 of the State List (List II, Seventh Schedule). Each State therefore makes its own parole rules under its prison law and prison manual. Example: Rajasthan has the Rajasthan Prisoners Release on Parole Rules, 1958, the rules at issue in the Supreme Court's 2017 Asfaq case. Parole periods, eligibility and the authority that decides all differ from State to State.
How to eliminate
You can solve this from basics. Statement 1 is an absolute claim: parole 'cannot be denied' because it 'becomes a matter of right'. Every standard text calls parole a concession, not a right, and courts routinely uphold refusals in the public interest. So Statement 1 is false, which rules out the two options that include it. For Statement 2, remember that prisons are a State subject (Entry 4, List II). Release rules are therefore made State by State, and Statement 2 holds. Point to remember: parole is a discretionary concession, and each State frames its own parole rules.
Know more
Parole and furlough: two kinds of temporary release
Only a convict can get parole or furlough. Bail is different: it releases an accused person before or during trial. Prisons are a State subject (Entry 4, List II). So the parole rules come from each State's prison law and prison manual. The Union only advises: it issued the Model Prison Manual 2016, which uses the terms 'parole' and 'furlough' in place of the old 'leave' and 'special leave' (Chapter XIX), and the Model Prisons and Correctional Services Act, 2023.
In Asfaq v. State of Rajasthan (2017), the Supreme Court set out how the two differ:
| Feature | Parole | Furlough |
|---|---|---|
| Purpose | A specific reason, e.g. illness or death in the family, or a marriage | Breaking the monotony of long imprisonment |
| Sentence type | Short-term imprisonment | Long-term imprisonment |
| Granting authority (Rajasthan) | Divisional Commissioner | Deputy Inspector General of Prisons |
| Counts towards sentence? | No, parole time is not counted | Yes, furlough time is counted |
| How often | Can be granted many times | Limited number of times |
The Court said parole serves reformation: it lets a prisoner keep family and social ties and so prepares them to return to society. Public interest limits it. Authorities may refuse parole to habitual offenders or to those likely to reoffend or disturb law and order.
The Home Ministry's 2020 advisory asked States to review their parole and furlough rules. It said dangerous prisoners and those convicted of heinous crimes, such as terrorism or kidnapping for ransom, should not be released. It also asked States to monitor every release.
Remission and premature release are different. They permanently shorten the sentence. Under Article 72, the President can grant pardons, and under Article 161, the Governor can. These are separate powers from the State's parole rules.
In the news
In September 2020, the Union Home Ministry sent States an advisory saying parole and furlough are not an absolute right and asking them to review their own rules. During the COVID-19 pandemic (2020–21), many States also released prisoners on emergency parole to reduce jail crowding. Both put parole in the news before the 2021 exam.
NCERT Concepts to Revise
- Model Prisons and Correctional Services Act 2023: The Union's 2023 model law includes parole and furlough provisions. Knowing it is only a model for States helps judge who makes parole rules.
- Bail: Bail releases an accused person before or during trial; parole releases a convict. Mixing up the two is a common error with this question.
- Undertrial prisoner: Undertrials have not been convicted, so their release falls under bail law rather than parole rules. That narrows down who parole applies to.