Q3.Consider the following statements about the role of judiciary in parole decisions in India:
- The judiciary has the sole authority to grant parole to convicts.
- Parole decisions are made by a parole board, which includes members from the judiciary, police, and social welfare departments.
- The Supreme Court of India has laid down specific guidelines for granting parole to ensure a uniform approach across the country.
- Parole is granted solely on the basis of good behavior inside the prison.
Which of the statements given above are correct?
Answer: A [2 and 3 only]
Explanation:Statement 1 is incorrect: The judiciary does not have sole authority to grant parole. Parole is primarily an executive function, exercised by the State government under prison rules. Courts intervene only to review arbitrariness or illegality.
Statement 2 is correct: Parole decisions are generally taken by parole or sentence review boards/committees, which include officials from the prison administration, police, and social welfare departments. Judicial officers may be associated in an advisory or oversight role in some States.
Statement 3 is correct: The Supreme Court of India has laid down principles and guidelines through various judgments to ensure fairness, non-arbitrariness, and uniformity in parole and furlough decisions across States.
Statement 4 is incorrect: Parole is not granted solely on good behaviour. Authorities also consider factors such as:
- Nature and gravity of the offence
- Risk to public order
- Possibility of reoffending or absconding
- Purpose of parole (family emergency, reformative needs, etc.)