JAGTIV · Previous Year Questions

UPSC

POLITY · 2023

Previous Year Question

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?

A.

Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I.

B.

Both Statement I and Statement II are correct, but Statement II is not the correct explanation for Statement I.

C.

Statement I is correct, but Statement II is incorrect.

D.

Statement I is incorrect, but Statement II is correct.

Correct Answer: A

Detailed Solution

Prison administration is primarily the responsibility of State Governments. Its historical legal basis is found in the Prisons Act, 1894, while its present constitutional basis is found in the State List of the Seventh Schedule.

Therefore, both statements are correct, and Statement II explains Statement I.

Statement I is correct

Entry 4 of the State List in the Seventh Schedule covers—

  • Prisons

  • Reformatories

  • Borstal institutions

  • Persons detained in such institutions

  • Arrangements with other States for the use of prisons and similar institutions

Consequently, State Governments are responsible for the establishment, maintenance, security and day-to-day administration of prisons.

Through their prison rules and manuals, State Governments regulate matters such as—

  • Admission and classification of prisoners

  • Prison discipline and security

  • Food, clothing and medical facilities

  • Visits and correspondence

  • Labour, education and correctional programmes

  • Parole, furlough and premature release

  • Arrangements concerning women and child prisoners

Statement II is correct

The Prisons Act, 1894 is an important historical central law governing prison administration. It assigned a principal role to the then-Provincial Governments in administering prisons and making rules.

After the commencement of the Constitution, the powers relating to Provincial Governments came to be exercised by the respective State Governments. Section 59 of the Act authorises State Governments to make detailed prison rules.

This historical and statutory arrangement led States to frame their respective prison rules and manuals. Statement II therefore explains why the day-to-day administration of prisons remains under State control.

Role of the Central Government

Because prisons are a State List subject, the role of the Union Ministry of Home Affairs is primarily advisory.

The Central Government may provide model documents for reforms, including—

  • Model Prison Manual, 2016

  • Model Prisons and Correctional Services Act, 2023

  • Advisories concerning prison modernisation and security

These model documents do not automatically operate in the States. States must adopt them through their own legislative or rule-making processes.

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