UPSC Prelims 2023 Q32: Prisons as a State Subject — Explained
Consider the following statements:
Statement-I:
In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II:
In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
- Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
- Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
- Statement-I is correct but Statement-II is incorrect
- Statement-I is incorrect but Statement-II is correct
Answer: (a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
Statement-wise explanation
- Statement-I: correct — Entry 4 of List II (State List) of the Seventh Schedule covers 'Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein'. So running prisons is the job of State Governments and UT administrations. The Ministry of Home Affairs says each State runs its prisons under the Prisons Act, 1894 and its own State Prison Manual or Jail Manual. These State rules govern day-to-day matters such as how prisoners are classified, diet, visits and remission.
- Statement-II: correct — The Prisons Act, 1894 (Act IX of 1894, in force from 1 July 1894) is still the main central law on prisons. It gives the power to make rules, appoint prison officers and set up prisons to the provincial (now State) Government, so the subject stayed under provincial control from the start. This colonial arrangement was carried into the Government of India Act, 1935 and then into the Constitution's State List. It explains Statement-I: States run prisons under their own rules because the 1894 Act placed prisons with the provinces, and the States inherited that role.
How to eliminate
Statement-I is easy if you know your Seventh Schedule: 'prisons' is a State List subject, and States have their own Jail Manuals. That rules out the option where Statement-I is incorrect. Statement-II is the harder one. Many aspirants know the Prisons Act, 1894 exists and is outdated, because the 2023 Model Prisons Act was announced to replace it. The phrase 'expressly kept the subject of prisons in the control of Provincial Governments' may look like an over-strong claim. But it fits what you already know: the Act gives rule-making power to the local or State Government, and nothing in it makes prisons a central matter. Once both statements are accepted, ask whether one causes the other. States run prisons because the law has placed prisons with the provinces, now the States, since colonial times. That is a direct historical link, so Statement-II explains Statement-I. Fact to remember: Prisons = Entry 4, List II; main law = Prisons Act, 1894; each State has its own Prison Manual.
Know more
Prisons in India: who controls what
Prisons have been a provincial (now State) subject since colonial times. The Constitution kept that arrangement in Entry 4 of List II (State List). The Union still has influence. It drafts model laws and manuals and funds modernisation. It also controls criminal law and procedure, which are on the Concurrent List.
| Instrument | Year | Nature |
|---|---|---|
| Prisons Act | 1894 (Act IX) | Central law, still in force; focus on custody and discipline |
| Prisoners Act | 1900 | Central law on the custody and transfer of prisoners |
| Transfer of Prisoners Act | 1950 | Transfer of prisoners between States |
| All India Committee on Jail Reforms (Mulla Committee) | 1980–83 | 658 recommendations, about 90% for States |
| Model Prison Manual | 2003, revised 2016 | MHA guideline sent to States for adoption |
| Model Prisons and Correctional Services Act | 2023 | MHA model law to replace the three colonial Acts; not binding, States may adopt it |
Key ideas
- Day-to-day administration follows each State's own Jail Manual and rules made under the 1894 Act.
- The 2023 model law shifts the focus from custody to reform and rehabilitation. It provides for separate housing for women and transgender inmates, use of technology (video-conferencing for trials, e-prisons), parole and furlough, open and semi-open prisons, and a Board of Visitors to inspect prisons.
- Why a model law and not a central Act: Parliament cannot normally pass laws on a State List subject. The Centre can only advise. The exceptions are Articles 249, 250 and 252.
- Related Concurrent List entries: criminal law (Entry 1) and criminal procedure (Entry 2) govern who goes to prison and for how long. Running the prison itself is a State matter.
In the news
On 12 May 2023, two weeks before the 2023 Prelims, the Ministry of Home Affairs announced that it had finalised the Model Prisons Act, 2023 to replace the colonial Prisons Act, 1894. The announcement stressed that prisons are a State List subject and that the model law is only a guide for States to adopt.
NCERT Concepts to Revise
- Union, State and Concurrent Lists: Both statements depend on which list of the Seventh Schedule 'prisons' falls in, and so which government controls it.
- Model Prisons and Correctional Services Act 2023: The 2023 model law was drafted to replace the Prisons Act, 1894, the colonial law named in Statement-II.