Question
Q62. 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 governed by the Prisons Act, 1894 which expressly kept 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: 3
Detailed Explanation
The Prisons Act 1894 is one of the oldest pieces of legislation in India dealing with laws enacted in relation to prisons in India.
Statement 1 is correct: Prison is a State subject under List-II of the Seventh Schedule in the Constitution. States have the primary role, responsibility and power to change the current prison laws, rules and regulations.
Hence it is true that prisons are managed by the state governments with their own rules and regulations.
Statement 2 is correct: The management and administration of Prisons falls exclusively in the domain of the State Governments and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments. Hence it is true that the Prisons Act 1894 kept the subject of prisons in the Provincial government (State governments) and this explains why State governments have the power to frame their own rules and regulations regarding prison management.
