Comprehensive Overview of the Public Examinations (Prevention of Unfair Means) Act 2024
The Indian government has recently introduced the Public Examinations (Prevention of Unfair Means) Bill, 2024 in the Lok Sabha. The objective of the bill is to prevent “Unfair Means” in order to “bring greater transparency, fairness, and credibility to the Public Examinations System.” The bill has been introduced to address the rising number of cases related to unfair means adopted in public examinations and create a comprehensive central legislation to deter such practices.
Need for the Bill
Instances of Question Paper Leaks
Over the past years, India has witnessed a significant number of cases of question paper leaks in recruitment exams across the country. According to a report by The Hindu, at least 48 instances of paper leaks have been recorded in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. These leaks impacted the lives of at least 1.51 crore applicants for around 1.2 lakh posts.
Malpractices Lead to Delay in Examinations
Malpractices in public examinations lead to delays and cancellation of examinations, adversely impacting the prospects of millions of youth. At present, there is no specific substantive law to deal with unfair means adopted or offences committed. Comprehensive central legislation is crucial to identify and effectively address elements that exploit vulnerabilities within the examination system.
Key Provisions of the Bill
Defining Public Examination
Public Examination is defined as any examination conducted by a “public examination authority” listed in the Schedule of the Bill, or any such other authority as may be notified by the Central Government. The schedule lists five public examination authorities: Union Public Service Commission (UPSC), the Staff Selection Commission (SSC), the Railway Recruitment Boards (RRBs), the Institute of Banking Personnel Selection (IBPS), the National Testing Agency (NTA). All “Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff” will also come under the purview of the new law. The central government can add new authorities in the schedule through a notification as and when required.
Punishments
All offences shall be cognizable, non-bailable, and non-compoundable, according to Section 9 of the bill. In cognizable offences, police have a duty to investigate the case without seeking permission from the Magistrate. A non-compoundable offence is one in which the case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise, and a trial must necessarily follow. The punishment for “any person or persons resorting to unfair means and offences” can be three to five years in prison, and a fine up to Rs 10 lakh. If the convict fails to pay the fine, “an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyay Sanhita, 2023. A service provider, engaged by the public examination authority for the conduct of examinations, shall also be liable to be punished with imposition of a fine up to Rs 1 crore and proportionate cost of examination shall also be recovered from it, if the service provider is involved in illegal practices.
Defines Unfair Means
Section 3 of the Bill lists at least 15 actions that amount to using unfair means in public examinations for monetary or wrongful gain. These acts include leakage of question paper or answer key or part thereof and taking possession of question paper or an Optical Mark Recognition (OMR) response sheet without authority, providing a solution to questions by any unauthorized person during a public examination. The section also lists tampering with any document necessary for short-listing of candidates or finalizing the merit or rank of a candidate; tampering with the computer network or computer system; creation of a fake website and issuance of fake admit cards or offer letters to cheat or for monetary gain as illegal acts.
Investigation and Enforcement
Offences under the proposed law will be investigated by officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police.
High-Level National Technical Committee
A High-Level National Technical Committee on Public Examinations will be formed. The committee will focus on developing protocols to secure digital platforms. It will devise strategies for implementing foolproof IT security systems. The committee will formulate national standards and service levels for both IT and physical infrastructure. These standards will be deployed for the conduct of examinations to ensure efficiency and reliability.
Concerns Related to the Bill
Discretion of State Governments
While the bill aims to serve as a model for states to adopt, the discretion given to state governments may lead to variations in implementation across different states. This could potentially weaken the effectiveness of the law in preventing unfair means in public examinations.
Exploitable Loopholes in Sanctions
The provisions of the bill, such as the punishment for offenders, may contain loopholes that can be exploited to evade criminal sanctions. For example, if the fine imposed on a service provider is not commensurate with the financial gains derived from unfair means, it may not serve as a sufficient deterrent.
Lack of Clarity on the National Technical Committee
The bill proposes the formation of the High-Level National Technical Committee on Public Examinations but does not provide clarity regarding its composition, qualifications, and mandate. Without clear guidelines on the composition and qualifications of committee members, there may be concerns regarding their expertise and impartiality in devising foolproof IT security systems and national standards for examination conduct.
Potential for Legal Challenges
The bill may face legal challenges related to its provisions on cognizability, non-bailability, and non-compoundability of offences. There could be debates on whether such stringent measures are proportionate to the gravity of the offences and whether they adhere to principles of natural justice.
Conclusion
While the bill outlines measures for investigation and enforcement by designated law enforcement officers, there is a need for comprehensive oversight mechanisms to ensure accountability and transparency in the examination process. This includes monitoring the conduct of examinations, handling of complaints, and auditing of examination procedures to detect and prevent malpractices effectively.
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