Question
Consider the following statements:
Statement-I: In India, prisons are managed 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?
Correct Answer — A
Explanation
The correct option is A (Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I).
- Statement-I is correct: ‘Prisons’ and ‘persons detained therein’ are placed under Entry 4 of the State List (List-II) in the Seventh Schedule of the Constitution. Therefore, prison administration, daily operation, and inmate management fall entirely under the jurisdiction of the respective State Governments, each formulating its own prison manuals and rules.
- Statement-II is correct: The governing statutory framework, the Prisons Act of 1894, specifically designated the custody, superintendence, and administration of prisons to the Provincial Governments (subsequently State Governments).
- Explanation Link: Statement-II explains Statement-I directly. The colonial-era Prisons Act of 1894 devolved the governance of prisons onto the provinces, establishing the legal precedent that led to ‘Prisons’ being placed under the State List, enabling State Governments to enact and manage their own specific prison rules.