23.President and Vice President Flashcards
(181 cards)
1
Q
What are the qualifications for election as the President of India according to Article 58?
A
The qualifications for election as the President of India according to Article 58 are:
*Citizenship of India.
*Age of 35 years or above.
*Qualification for election as a member of the Lok Sabha.
2
Q
What is the minimum age requirement for someone to be eligible for election as the President?
A
The minimum age requirement for someone to be eligible for election as the President is 35 years.
3
Q
What is the citizenship requirement for someone to be eligible for election as the President?
A
The citizenship requirement for someone to be eligible for election as the President is Indian citizenship.
4
Q
What is the qualification needed to be eligible for election as a member of the Lok Sabha?
A
The qualification needed to be eligible for election as a member of the Lok Sabha is also a requirement for the eligibility of the President. However, the specific details of the Lok Sabha qualification are not mentioned in the given text.
5
Q
What are the conditions regarding holding any office of profit for the President of India?
A
According to Article 59, the President of India should not hold any office of profit under the Union government, state government, local authority, or any other public authority.
6
Q
Who is exempted from the condition of not holding any office of profit?
A
The following individuals are exempted from the condition of not holding any office of profit and are qualified as Presidential candidates:
*Sitting President or Vice-President of the Union
*Governor of any state
*Minister of the Union or any state
7
Q
Can a person holding an office of profit under the Union government be eligible for election as the President?
A
No, a person holding an office of profit under the Union government is not eligible for election as the President of India.
8
Q
Can a person holding an office of profit under a state government be eligible for election as the President?
A
No, a person holding an office of profit under a state government is not eligible for election as the President of India.
9
Q
Can a person holding an office of profit under a local authority be eligible for election as the President?
A
No, a person holding an office of profit under a local authority is not eligible for election as the President of India.
10
Q
Can a person holding an office of profit under any other public authority be eligible for election as the President?
A
No, a person holding an office of profit under any other public authority is not eligible for election as the President of India.
11
Q
How long is the term of the President of India?
A
The term of the President of India is five years.
12
Q
From which date does the President’s term begin?
A
The President’s term begins from the date on which he enters his office.
13
Q
Can the President resign from his office? If yes, how can he do so?
A
Yes, the President can resign from his office. He can do so by addressing a resignation letter to the Vice President.
14
Q
To whom should the President communicate his resignation?
A
The President should communicate his resignation to the Speaker of the House of People.
15
Q
How can the President be removed from office before completing his term?
A
The President can be removed from office before completing his term by the process of impeachment under Article 61.
16
Q
Can the President continue to hold office beyond the five-year term?
A
Yes, the President can hold office beyond his term of five years until his successor assumes charge.
17
Q
What does Article 57 address?
A
Article 57 addresses the eligibility for re-election of the President.
18
Q
Can the President be re-elected for a consecutive term?
A
Yes, the President can be re-elected for a consecutive term if he is eligible and chosen by the electoral college.
19
Q
What does the President swear to in his oath?
A
The President swears to:
*Faithfully execute the office.
*Preserve, protect, and defend the Constitution and the law.
*Devote himself to the service and well-being of the people of India.
20
Q
Which institution is the Custodian of the Constitution?
A
The Supreme Court is the Custodian of the Constitution.
21
Q
Who administers the oath of office to the President?
A
The oath of office to the President is administered by the Chief Justice of India. In the absence of the Chief Justice, the senior-most judge of the Supreme Court available performs this duty.
22
Q
Does any other person acting as President also take an oath?
A
Yes, any other person acting as President or discharging the functions of the President also undertakes a similar oath or affirmation.
23
Q
What is the purpose of the President’s oath?
A
The purpose of the President’s oath is to ensure his commitment to faithfully execute the duties of the office, protect the Constitution and the law, and serve the well-being of the people of India.
24
Q
What is the process of removing the President from office called?
A
The process of removing the President from office is called impeachment.
25
What is the basis for the impeachment of the President?
The basis for the impeachment of the President is a "Violation of the Constitution," although the exact meaning of this phrase is not defined in the Constitution.
26
Which Houses of Parliament can initiate impeachment charges against the President?
Impeachment charges against the President can be initiated by either House of Parliament.
27
How many members of the House need to sign the charges against the President?
The charges against the President should be signed by one-fourth of the members of the House that framed the charges.
28
What is the notice period given to the President before impeachment proceedings begin?
A 14-day notice should be given to the President before impeachment proceedings begin.
29
What happens after an impeachment resolution is passed by a majority of two-thirds of the total membership of the House?
After an impeachment resolution is passed by a majority of two-thirds of the total membership of the House, it is sent to the other House for investigation of the charges.
30
Does the President have the right to participate in the investigation of impeachment charges?
Yes, the President has the right to appear and be represented in the investigation of impeachment charges.
31
Is impeachment a quasi-judicial procedure in Parliament?
Yes, impeachment is a quasi-judicial procedure in Parliament.
32
Do both elected and nominated members of the Houses participate in the impeachment process?
Yes, both elected and nominated members of the Houses participate in the impeachment process.
33
Is the term "violation of the Constitution" clearly defined in the Constitution?
No, the term "violation of the Constitution" is a vague term and has not been defined anywhere in the Constitution.
34
What role do elected members of legislative assemblies have in impeachment proceedings?
Elected members of legislative assemblies have no role to play in impeachment proceedings. Their role is limited to the election of the President.
35
What voting rights do nominated members of Parliament have in impeachment proceedings?
Nominated members of Parliament have the right to vote in impeachment proceedings, whereas they do not have voting rights in the election of the President.
36
Has the procedure and authority to investigate charges against the President been specified in the Constitution?
No, the Constitution does not specify the procedure and authority to investigate charges against the President.
37
Is there a specific time period mentioned for the impeachment process?
No, the Constitution does not specify a definite time period for the impeachment process.
38
How can a vacancy occur in the President's office?
A vacancy in the President's office can occur in the following ways:
*On the expiry of the President's five-year tenure.
*By the President's resignation or through the process of impeachment.
*By the President's death.
39
What happens if there is a delay in conducting an election to fill the vacancy in the President's office?
If there is a delay in conducting the election, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge.
40
Who acts as the President if the office falls vacant due to resignation, removal, death, or other reasons?
If the President's office falls vacant due to resignation, removal, death, or other reasons, the Vice-President acts as the President until a new President is elected.
41
How long is the time frame to hold an election to fill the vacancy in the President's office?
An election to fill the vacancy should be held within six months from the date of the occurrence of such a vacancy.
42
What happens when a President becomes disqualified to hold office or when his election is declared void?
When a President becomes disqualified to hold office or when his election is declared void, the new President is given a full five-year term to serve.
43
In whose name are all executive actions taken in India?
All executive actions in India are taken in the name of the President of India.
44
What power does the President have regarding the manner of making and executing orders and other instruments?
The President has the power to specify the manner in which orders and other instruments are made and executed.
45
What authority does the President have regarding the transaction of business of the Union government?
The President can make rules for the more convenient transaction of business of the Union government and for the allocation of such business among the ministers.
46
Can the President declare an area as a scheduled area? What powers does the President have in relation to scheduled areas and tribal areas?
Yes, the President can declare any area as a scheduled area. The President has powers with respect to the administration of scheduled areas and tribal areas.
47
What information can the President seek from the Prime Minister?
The President can seek any information relating to the administration of affairs of the Union and proposals for legislation from the Prime Minister.
48
Who does the President have the power to appoint?
The President has the power to appoint:
*Prime Ministers and other ministers
*Attorney General of India
*Comptroller and Auditor General of India
*Chief Election Commissioner and other Election Commissioners
*Chairman and members of the UPSC (Union Public Service Commission)
*Governors of states and UT administrators
*Chairman and members of the Finance Commission.
49
What is the role of the President in the introduction of money bills in Parliament?
Money bills can be introduced in Parliament only with the prior recommendation of the President.
50
What responsibility does the President have regarding the annual financial statement?
The President causes the annual financial statement to be laid before the Parliament.
51
Can any demand for a grant be made without the President's recommendation?
No, no demand for a grant can be made except on the recommendation of the President.
52
How can the President meet unforeseen expenditure?
The President can make advances out of the Contingency Fund of India to meet any unforeseen expenditure.
53
How often is a Finance Commission constituted by the President?
The President constitutes a Finance Commission every five years.
54
Who negotiates and concludes international treaties and agreements on behalf of India?
International treaties and agreements are negotiated and concluded on behalf of the President of India.
55
What is the military power of the President?
The President is the Supreme Commander of the defense forces of India and appoints the chiefs of the Army, the Navy, and the Air Force in that capacity.
56
Who appoints the Chief Justice and judges of the Supreme Court and high courts?
The President appoints the Chief Justice and judges of the Supreme Court and high courts.
57
Can the President seek advice from the Supreme Court?
Yes, the President can seek advice from the Supreme Court on any question of law or fact.
58
Is the advice tendered by the Supreme Court binding on the President?
No, the advice tendered by the Supreme Court is not binding on the President.
59
What powers does the President have regarding granting pardons and reprieves?
The President can grant pardon, reprieve, respite, and remission of punishment, or suspend, remit, or commute the sentence of any person convicted of any offense.
60
What did the Court hold regarding the Pardoning power given to the President in the KM Nanavati Case?
In the KM Nanavati Case, the Court held that the Pardoning power given to the President is absolute and unconditional in nature.
61
What does it mean when the President exercises the power of pardon?
When the President pardons, both the sentence and the conviction of the convict are completely absolved, including the sentences, punishments, and disqualifications.
62
In what situation does the President choose to award a respite?
The President chooses to award a respite when there are special circumstances, and a lesser sentence is given in place of the original one.
63
What does it mean when the President grants a reprieve?
When the President grants a reprieve, it means the execution of a sentence, especially in cases of death penalty, is temporarily stayed for a period of time.
64
What happens when the President exercises the power to remit?
When the President exercises the power to remit, the period of the sentence is reduced, but the character of the sentence remains the same.
65
What does it mean when the President commutes a sentence?
When the President commutes a sentence, it means that one form of punishment is substituted for a lighter form of punishment.
66
Is Article 72 a discretionary power of the President?
Yes, it has been said that Article 72 is a discretionary power of the President and cannot be sought as the right of the convict.
67
Can a Judicial review be conducted for Presidential Pardon?
Yes, in the Kehar Singh Case, the court held that a Judicial review for Presidential Pardon can be done if it is done with malicious intent.
68
Do governors have the same pardoning powers as the President?
No, under Article 161, the pardoning powers of governors are limited as they cannot exercise it in cases of death sentence and court martial.
69
Can the governor exercise the pardoning power?
Yes, the Supreme Court has recently stated that the governor can exercise the pardoning power.
70
What is the difference between pardon and amnesty?
Pardon is for a criminal offense, while amnesty is for a political offense. Amnesty is not part of Article 72.
71
Is there a specific timeframe for the President to decide on pardons?
No, there is no timeframe given for the President to decide on pardons, nor for the disposal of such pardons.
72
Does the President have discretion in exercising the pardoning power?
No, this power is not discretionary. The President has to act on the advice of the Council of Ministers.
73
Do foreigners have the right to seek pardon?
Yes, foreigners also have the right to seek pardon by virtue of Article 21.
74
When can a death sentence convict submit a mercy petition?
A death sentence convict can submit a mercy petition to the President of India under Article 72 if the Supreme Court either refuses to hear the appeal or upholds the death sentence.
75
What must be done before submitting a mercy petition?
Before submitting a mercy petition, a death sentence by a sessions court must be confirmed by the High Court, and the convict may also choose to appeal to the Supreme Court.
76
What grounds can be stated in a mercy petition?
In a mercy petition, the person concerned is required to state the grounds upon which they request the grant of pardon. These grounds may include factors like being the only bread earner of the family, physical fitness, age, harshness of the law, or any mistakes or errors made by the court.
77
Can the grant of pardon by the President be claimed as a right?
No, the Supreme Court in the Kehar Singh v Union of India, 1988 case held that the grant of pardon by the President is an act of grace and cannot be claimed as a matter of right.
78
What role do the stated grounds play in the release of the person by the President?
While the grounds stated in the mercy petition may not have legal value for exonerating the accused person from the offense, they can play an important role in the President's decision regarding the release of the person.
79
What is the philosophy underlying the pardon power?
The philosophy underlying the pardon power is that it is an act of grace and humanity recognized by civilized countries in the course of law.
80
What is the basis for exercising the pardoning power?
The pardoning power is founded on the consideration of public good and is exercised on the grounds of public welfare, which is the legitimate objective of all punishments.
81
Who has the power to grant pardons, reprieves, and other forms of clemency in a state?
Article 161 provides that the Governor of a State has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense within the executive power of the State.
82
Can the President or Governor exercise the pardoning power on their own?
No, in the Dhananjoy Chatterjee alias Dhana v State of West Bengal, 1994 case, the Supreme Court ruled that the power under Articles 72 and 161 can be exercised by the Central and State Governments, not by the President or Governor on their own.
83
Whose advice binds the Head of the State in exercising the pardoning power?
The advice of the appropriate Government binds the Head of the State (President or Governor) in the exercise of the pardoning power.
84
Can the President and Governor pardon the death sentence?
Yes, the President of India has the power to pardon the death sentence, but the Governor does not have the power to pardon the death sentence.
85
Can the President and Governor pardon in cases of court-martial?
Yes, the President has the power to pardon in cases of court-martial, while the Governor does not have the power to pardon in court-martial cases.
86
What is the jurisdiction of the President and Governor in exercising their judicial powers?
The President exercises judicial powers for punishments under laws made by the Union, while the Governor exercises judicial powers for punishments under laws made by the State.
87
When can a convict file a mercy petition?
A convict under the sentence of death can file a mercy petition within seven days after the dismissal of their appeal or special leave to appeal by the Supreme Court.
88
To whom should the mercy petitions be presented?
The mercy petitions are to be presented to the President of India.
89
What is the procedure followed after receiving the mercy petition?
The President's office seeks advice from the cabinet, and the appeal is examined by the Ministry of Home Affairs and the Ministry. Recommendations are then given to the President, taking into consideration the views of the concerned state.
90
Is there a written procedure to deal with mercy petitions?
No, there is no written procedure specified for dealing with mercy petitions.
91
What is the success rate of a review petition?
The chances of success from a review petition are very low, as it goes to the same panel of judges that heard the case previously.
92
How successful are curative petitions?
The success rate of curative petitions is very low, with only two successful cases so far. However, this does not discourage convicts from utilizing this option.
93
What are the chances of convicts receiving mercy from the President?
The chances of convicts receiving any mercy from the President are very bleak. In high-profile cases like the Nirbhaya case, where public sentiment favors the death penalty, the likelihood of mercy is extremely low.
94
When can a curative petition be filed?
A curative petition can be filed after a review plea against the final conviction is dismissed.
95
What is the purpose of a curative petition?
The purpose of a curative petition is to ensure there is no miscarriage of justice and to prevent abuse of the legal process.
96
How is a curative petition usually decided?
A curative petition is usually decided by judges in the chamber, unless there is a specific request for an open-court hearing.
97
What principles are considered in deciding a curative petition?
Every curative petition is decided based on the principles laid down by the Supreme Court in the Rupa Ashok Hurra Vs Ashok Hurra and another, 2002 Case.
98
What was the significance of the Rupa Ashok Hurra case?
The Rupa Ashok Hurra case established the principle that technical difficulties and concerns about reopening cases should not hinder the correction of errors in a judgment that may impact the administration of justice.
99
Which authority handles review and curative petitions?
Review and curative petitions are handled by the Supreme Court.
100
Which authority handles mercy petitions?
Mercy petitions are handled by the President.
101
What does the term "remission" refer to in the context of a sentence?
The term "remission" refers to a reduction in the duration of a sentence while keeping the nature of the sentence unchanged.
102
How is the remission system defined?
The remission system is defined under the Prison Act of 1894 as a set of rules that regulate the award of marks and the consequent shortening of the sentence for prisoners in jail.
103
What is the basis for granting remission?
Remission is granted as an act of mercy based on the prisoner's good conduct and the duration of their imprisonment.
104
Who grants remission?
Remission is granted by the executive authority.
105
Can remission be demanded as a right?
No, remission is not a right that can be demanded. It is an act of mercy and discretion.
106
What are the rules for granting remission?
The rules for granting remission include being informed, fair, and reasonable, without being arbitrary. The nature of the crime should not be undermined.
107
What considerations were laid down by the Supreme Court in the case of Laxman Naskar vs Union of India (2000)?
In the aforementioned case, the Supreme Court laid down five considerations for granting remission:
*Whether the offense is an individual act of crime that does not affect society.
*Whether there is a chance of the crime being repeated in the future.
*Whether the convict has lost the potentiality to commit a crime.
*Whether keeping the convict in prison serves any purpose.
*Socio-economic conditions of the convict's family.
108
What is the importance of informed, fair, and reasonable remission?
Informed, fair, and reasonable remission ensures that the process is just and equitable, considering the circumstances of the crime and the convict's potential for rehabilitation.
109
What should remission not undermine?
Remission should not undermine the nature of the crime committed, emphasizing the seriousness and consequences of the offense.
110
What is the role of socio-economic conditions in granting remission?
Socio-economic conditions of the convict's family are taken into consideration as a factor in determining whether granting remission would be in the best interest of the convict and their dependents.
111
Who has the power to grant pardons, reprieves, respites, or remissions of punishment according to the Constitution?
According to the Constitution, the President (under Article 72) and the Governor (under Article 161) have the power to grant pardons, reprieves, respites, or remissions of punishment.
112
In which cases can the President grant pardons, reprieves, or remissions of punishment?
The President can grant pardons, reprieves, or remissions of punishment in cases of court-martial offenses, offenses under laws related to the Union government's executive power, and cases of death sentences.
113
What is the jurisdiction of the Governor in granting pardons, reprieves, or remissions of punishment?
The Governor can grant pardons, reprieves, or remissions of punishment in cases where the offense falls under the State's executive power.
114
What is the difference between the pardoning power of the President and the Governor?
The difference is that the Governor does not have the power to grant pardon in cases of death sentences, while the President does.
115
Is the President's power to grant pardons absolute?
No, the power of the President to grant pardons depends on consultation with the council of ministers.
116
Is there any provision in the Constitution to check the legality of the President's and Governor's decisions in exercising their mercy power?
No, the Constitution does not provide a mechanism to check the legality of the President's and Governor's decisions. However, there is a small leeway for judicial review to rule out arbitrariness, as seen in the case of Epuru Sudhakar vs the State of Andhra Pradesh.
117
What practical process is followed for the exercise of the mercy power by the President and the Governor?
While not present in the Constitution, the exercise of the mercy power by the President and the Governor follows a practical process, which includes consultation and consideration of the case.
118
What is the provision under Section 416 of the CrPC regarding remission?
Under Section 416 of the CrPC, if a pregnant woman is sentenced, the High Court can postpone the sentence or commute it to life imprisonment.
119
What are the powers granted to the "appropriate government" under Section 432 of the CrPC?
Under Section 432 of the CrPC, the appropriate government has the power to suspend or remit a sentence, either in whole or in part, with or without conditions.
120
Can any sentence be commuted to a lesser one according to the CrPC?
Yes, under Section 433 of the CrPC, any sentence can be commuted to a lesser one by the appropriate government.
121
What does Section 433A of the CrPC state?
Section 433A states that a person convicted of an offense punishable by life imprisonment or whose death sentence has been commuted to life imprisonment shall not be released from prison unless they have served at least fourteen years of imprisonment.
122
Can the Governor's power to pardon override Section 433A of the CrPC?
Yes, according to the Supreme Court, the Governor's power to pardon prisoners can override Section 433A of the CrPC, allowing for the release of prisoners before completing fourteen years of imprisonment.
123
Under Section 434 of the CrPC, who can exercise the powers granted under Sections 432 and 433 in the case of a death sentence?
Under Section 434 of the CrPC, the Central government can exercise the powers granted to the State government under Sections 432 and 433 in the case of a death sentence.
124
What is the provision under Section 54 of the Indian Penal Code regarding commutation?
Under Section 54 of the Indian Penal Code, the appropriate government has the power to commute a death sentence to any other punishment provided under the Code.
125
Can the government exercise powers under Section 55 of the Indian Penal Code on its own initiative?
Yes, the government can exercise the powers under Section 55 of the Indian Penal Code on its own initiative, without any application from the accused.
126
Who advises the President/Governor in the case of constitutional remission?
The respective governments advise the President/Governor to suspend, remit or commute sentences under Article 72 and Article 161.
127
How does the government act in the case of statutory remission under the CrPC?
Under the CrPC (Section 432), the government acts on its own without external advice.
128
According to the Supreme Court, are constitutional remission and statutory remission the same?
No, the Supreme Court has clarified that constitutional remission and statutory remission are different sources of power.
129
What did the Supreme Court state in the Maru and vs Union of India (1980) case?
In the Maru and vs Union of India case, the Supreme Court declared that Section 432 and Section 433 of the CrPC are not a manifestation of Articles 72 and 161 of the Constitution but a separate, though similar, power.
130
What is special remission?
Special remission refers to the grant of remission to prisoners as a commemoration of a specific occasion or event. In this case, the Ministry of Home Affairs issued guidelines for the grant of special remission to prisoners to mark the 75th year of Independence.
131
How will the release of prisoners under special remission be conducted?
The release of prisoners under special remission will be conducted in three phases, as outlined in the guidelines issued by the Ministry of Home Affairs.
132
Who are the eligible prisoners for special remission?
Women and transgender convicts aged 50 and above, and male convicts aged 60 years and above.
133
What is the requirement for eligible convicts in terms of their sentence completion?
Eligible convicts must have completed 50% of their total sentence period, excluding the period of general remission earned.
134
Are physically challenged or disabled convicts eligible for special remission?
Yes, physically challenged or disabled convicts with 70% disability or more are eligible if they have completed 50% of their total sentence period.
135
Which category of convicts qualifies for special remission if they are terminally ill?
Terminally ill convicted prisoners who have completed two-thirds (66%) of their total sentence are eligible for special remission.
136
Are there any other criteria for special remission?
The given text does not mention any additional criteria for special remission.
137
Who has the authority over prisons?
Prison is a state subject, meaning state governments have authority over prisons.
138
What determines the number of days of remission earned by prisoners?
State governments have established behavior or activities that can earn prisoners a certain number of days as remission, which is then deducted from their sentence.
139
What is the basis for the remission system in India?
The remission system is enshrined in the Prisons Act of 1894 and rules developed by different states.
140
How were the convicts in the Bilkis Bano case released?
The convicts were released under an outdated remission policy of the Gujarat government.
141
Are there any restrictions on the premature release of rape convicts or those sentenced to life imprisonment?
Yes, the current laws at both the central and state level have restrictions on the premature release of those convicted of rape or sentenced to life imprisonment.
142
What did the Supreme Court state regarding the consideration of remission requests?
The Supreme Court, in the State of Haryana v. Jagdish (2010), stated that a request for remission should be considered based on the policy in effect at the time of conviction.
143
How does the seriousness of the offense affect eligibility for remission?
The seriousness of the offense for which one is convicted should be taken into account while deciding their eligibility for remission, as indicated by the Supreme Court in the Swamy Shraddananda Case (2008).
144
Can the benefit of remission be denied to those convicted of offenses against women?
Yes, according to the Supreme Court's ruling in the Sanaboina Satyanarayana v. Government of Andhra Pradesh (2003) case, the benefit of remission can be denied to those convicted of offenses against women.
145
What is the underlying principle behind the concept of remission?
Remission is based on the idea of reformative justice, which focuses on the reform and rehabilitation of individuals within the criminal justice system.
146
What is the significance of remission in the reformative system?
Remission plays an important role in the reformative system, as it aligns with the idea that the purpose of justice should be to reform individuals.
147
How has the Supreme Court recognized remission?
The Supreme Court has recognized remission as an inherent part of a prisoner's right to life, as observed in the Kehar Singh vs. Union of India (1989) case.
148
What is the aim of remission in the justice system?
Remission aligns with the restorative and rehabilitative aspect of justice, aiming for a civilized society.
149
Why is remission considered in accordance with the Principles of Natural Justice?
Remission is considered in accordance with the Principles of Natural Justice, which include the right to a fair trial.
150
Can courts deny prisoners the benefit of remission?
No, according to the Supreme Court's observation in the Kehar Singh vs. Union of India (1989) case, courts cannot deny prisoners the benefit to be considered for the remission of sentence.
151
What does Article 142 provide to the Supreme Court?
Article 142 provides discretionary power to the Supreme Court, allowing it to pass decrees or make orders necessary for doing complete justice in any cause or matter pending before it.
152
Can Governors pardon prisoners, including those on death row?
Yes, according to the Supreme Court, Governors have the power to pardon prisoners, including those on death row.
153
Is there an absolute legal right to furlough?
No, there is no absolute legal right to furlough, as established by the Supreme Court when rejecting the furlough request of rape-convicted Godman Narayan Sai.
154
What principles did the Supreme Court formulate regarding bail, parole, and furlough?
While deciding the matter, the Supreme Court formulated certain broad principles governing bail, parole, and furlough.
155
What is the difference between furlough and parole?
Furlough and parole both involve temporary release from custody, but parole is granted for a specific exigency, while furlough may be granted after a certain period of imprisonment without any specific reason.
156
What is the purpose of granting furlough?
The grant of furlough aims to break the monotony of imprisonment, enable the convict to maintain continuity with family life, and integrate with society.
157
Does a prisoner have an absolute legal right to claim furlough?
No, although furlough can be claimed without a reason, a prisoner does not have an absolute legal right to claim furlough. It must be balanced against public interest and can be refused to certain categories of prisoners.
158
What interests need to be balanced while granting parole or furlough?
While granting parole or furlough, the interests of reforming the convict and the public purpose and interests of society need to be balanced.
159
What do the Bombay Furlough and Parole Rules state regarding the release on furlough?
The Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough. The grant of furlough is regulated by eligibility criteria (Rule 3) and limitations (Rule 4).
160
What does Rule 17 of the Bombay Furlough and Parole Rules state?
Rule 17 states that the Rules do not confer a legal right on a prisoner to claim release on furlough.
161
What negative opinion did the Jail Superintendent give in the case of Narayan Sai?
The Jail Superintendent gave a negative opinion based on the fact that Narayan Sai kept a mobile phone inside the jail illegally and attempted to make contact with the outside world.
162
What is parole?
Parole is a system of releasing a prisoner with the suspension of the sentence, subject to certain conditions and periodic reporting to the authorities.
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What is the purpose of parole?
Parole is considered a reformative process and aims to humanize the prison system.
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Which sentences are typically eligible for parole in the United States and Britain?
In the United States and Britain, every sentence above 18 months is eligible for parole after completing one-third of the prison time.
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Are prisoners convicted of multiple murders eligible for parole?
No, prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.
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Who has the authority to grant parole?
Parole is granted by the State executive, and the competent authority takes a final decision based on humanitarian considerations.
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Can a convict challenge the rejection of their parole plea?
Yes, if a plea for parole is rejected, the convict can move the High Court to challenge the order of the competent authority.
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Can parole be granted in emergencies?
Yes, the superintendent of jail can grant parole for up to a period of seven days in emergencies.
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What are the parole rules in Rajasthan?
In Rajasthan, initial parole is granted for 20 days, a second parole is for 30 days, and a third for 40 days. Afterward, the prisoner can apply for permanent parole.
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Under which jurisdiction do prisons fall in the Constitution?
Prisons are a State subject in the Constitution, and each state government defines the rules under which parole is granted in that state.
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Can parole be granted on medical grounds?
Yes, parole can be granted on medical grounds, as seen in the case of actor Sanjay Dutt.
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How is furlough different from parole?
Furlough is a concept similar to parole but with some significant differences.
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In which cases is furlough given?
Furlough is given in cases of long-term imprisonment.
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How is the period of furlough treated in relation to the prisoner's sentence?
The period of furlough granted to the prisoner is treated as the remission of his sentence.
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Is furlough considered a right for prisoners?
Yes, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason.
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What is the purpose of granting furlough?
The purpose of granting furlough is to enable the prisoner to retain family and social ties and counter the ill effects of prolonged time spent in prison.
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How is parole different from furlough?
Parole is not seen as a matter of right, unlike furlough.
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Why is parole granted to a prisoner?
Parole is granted to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
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Can parole be denied to a prisoner even if they have a valid case?
Yes, parole may be denied to a prisoner if the competent authority determines that releasing the convict would not be in the interest of society.
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Are convicts sentenced to death eligible for parole?
Parole is often not granted to convicts sentenced to death.
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Who determines whether parole will be granted or denied?
The decision to grant or deny parole is typically made by the competent authority or jail authorities based on various factors, including the likelihood of the convict fleeing upon release.
