Q12.
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?
Answer
A
Explanation
India, prisons are governed by the Prisons Act, 1894 vested the Provincial Governments (now States) power to make rules on prisons. Also, till date, the and administration of prisons falls in the domain of the State Governments, is governed by the Prisons Act, 1894 and the Prison of the respective State Governments. Hence 1 and 2 are correct and statement 2 is the explanation of statement 1. Clarification purposes: there can be few more to this question. Interpretation 1: detained therein' is a State subject the seventh schedule (item 4, state list). o Prisons are governed by the Prisons Act 1894 and the manuals of the respective state governments. Ministry of Home Affairs also provides regular and advice to States and UTs on various issues prisons and prison inmates. So in India, are managed State Governments with their rules and regulations for the day-to-day of prisons not only by virtue of Prisons 1894 but also because of other reasons given In this case answer could be B as well. Both 1 and 2 are correct but statement 2 is not correct explanation of statement 1. 2: Statement 2 could be wrong because the use of words "expressly kept the subject". the section 59 of the Prisons Act, 1894 vests power to make rules on prisons to the state but it did not place the subject to them. It the Government of India Act 1935 which resulted the transfer of the subject of jails from the Central to the control of Provincial Governments and reduced the possibility of uniform of a prison policy at the national level. State Governments have their own rules and for the day to day administration of prisons, of prisoners, and prescribing procedures. in this case the answer could be C.