Site navigation

Read the passage and answer the question. Justice V.R. KRISHNA IYER; In the eye of law, prisoners are persons not animals, and to punish the deviant ’guardians’ of the prison system where they go…

Question and options

Read the passage and answer the question.
Justice V.R. KRISHNA IYER; In the eye of law, prisoners are persons not animals, and to punish the deviant ’guardians’ of the prison system where they go berserk and defile the dignity of the human inmate. Prison houses are part of Indian earth and the Indian Constitution cannot be held at bay by jail officials ’dressed in little, brief authority’. When Part III is invoked by a convict, When a prisoner is traumatized, the Constitution suffers a shock. The courts in America have, through the decisional process, brought the rule of law into the prison system pushing back, pro tanto, the ’hands-off’ doctrine. The content of our constitutional liberties being no less, the dynamics of habeas writs there developed help the judicial process here. The full potential of Articles 21, 19 & 14 after Maneka Gandhi has been unfolded by this Court in Hoskot and Batra. Today, human rights jurisprudence in India has a constitutional status and sweep.

What impact have American courts had on the ‘hands-off’ doctrine in the prison system through their decisional process?
  1. Strengthened the ‘hands-off’ doctrine, limiting judicial intervention in prison matters
  2. Maintained the status quo, leaving the ‘hands-off’ doctrine unchanged
  3. Pushed back against the ‘hands-off’ doctrine, bringing the rule of law into the prison system
  4. Abolished the ‘hands-off’ doctrine entirely

Answer and explanation

Correct answer: C - Pushed back against the ‘hands-off’ doctrine, bringing the rule of law into the prison system
The passage says American courts 'brought the rule of law into the prison system pushing back, pro tanto, the hands-off doctrine'. They pushed it back, they did not abolish it.

Practice for these exams

  • CUSAT CAT Five-Year LL.B.

Related question papers

Related exam syllabi

More solved explanations in English Language