Report No. 135
9.2. Matters within the competence of States.-
While the topics which have been mentioned by way of vital importance to the well being of prisoners, it will appear that a pretty largo bulk of the subject would fall exclusively within the legislative competence of States. This is because the topic of prisons and prisoners falls within the State List. For this reason, necessary legislative action will have to be taken by the States. We may quote the material part of State List, entry 4:-
"4. Prisons, reformatories, berstal institutions and other institutions of a like nature and persons detained therein."
This entry is wide enough to cover prison conditions.1 Hence we are not dealing with the topics mentioned above.
1. Maru Ram v. Union of India, AIR (1980) 2147, paras. 15, 16 and 23.