Source: Indian Express

Introduction

The recent introduction of the Public Examinations (Prevention of Unfair Means) Bill, 2024, in the Lok Sabha marks a significant stride towards fortifying the integrity of public examinations in India. The bill, aimed at curbing the insidious use of unfair means, underscores the imperative for transparency, fairness, and credibility within the examination system.

What is Meant by Unfair Means?

• About:
  • The essence of the bill revolves around defining and preventing the use of "unfair means" during public examinations.
• Section 3 of the Bill:
  • Unfair means, as articulated in Section 3 of the Bill, encompass a spectrum of activities perpetrated for monetary or wrongful gain.
  • These include the leakage of question papers, tampering with answer sheets, providing unauthorized assistance to candidates, and orchestrating fake examinations or websites to deceive or profit.

What is the Scope of Public Examinations under the bill?

The bill delineates the scope of “public examinations," encompassing assessments conducted by designated public examination authorities such as the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Regional Rural Banks (RRB), Institute of Banking Personnel Selection (IBPS), National Testing Agency (NTA), and various Ministries or Departments of the Central Government.

What are Legal Ramifications for Violations?

• Nature of Offences:
  • Section 9 of the Bill stipulates stringent penalties for offenders, making all offences cognizable, non-bailable, and non-compoundable.
• Penalties for Individuals:
  • Individuals found guilty of resorting to unfair means face imprisonment ranging from three to five years and fines up to Rs 10 lakh.
• Penalties for Service Providers:
  • Furthermore, service providers aiding in examination conduct may be subjected to fines up to Rs 1 crore.
• Punishment for Organized Paper Leak:
  • The bill reserves harsher punishment for organized paper leaks, with perpetrators facing imprisonment of up to ten years and fines not less than one crore rupees.
• Additional Punishment:
  • Section 10 of the bill states that any person or persons resorting to unfair means and offences under this Act, shall be punished with imprisonment for a term not less than three years but which may extend to five years and with fine up to ten lakh rupees. In case of default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS).
    • Provided that until the BNS is brought into force, the provisions of the Indian Penal Code, 1860 (IPC) shall be applicable in place of the said act.

What are the Objectives of the Bill?

• Stopping Leakages and Malpractices:
  • The impetus behind the Bill stems from the alarming prevalence of question paper leaks in recruitment exams nationwide.
    • Over the past five years, at least 48 instances of paper leaks have disrupted government job recruitment processes, impacting over 1.51 crore applicants vying for approximately 1.2 lakh positions.
  • The Statement of Objects and Reasons elucidates the urgent need for a comprehensive legislative framework to combat malpractices in public examinations.
• Safeguarding Candidates’ Interests:
  • By deterring individuals and groups from exploiting vulnerabilities in the examination system, the Bill seeks to restore confidence among millions of aspirants and ensure equitable rewards for genuine efforts.
  • Crucially, the Bill clarifies that candidates, as defined within its purview, shall not be held liable for actions governed by the legislation.
  • Instead, they will remain subject to the administrative provisions of the respective public examination authorities.
• Facilitating State-Level Adoption:
  • Beyond its national impact, the Bill is envisioned as a model framework for the states to adopt at their discretion.
  • By providing a blueprint for preventing criminal disruptions in state-level examinations, the legislation promises to fortify the integrity of public assessments across India.

Conclusion

The Public Examinations (Prevention of Unfair Means) Bill, 2024, represents a step towards upholding the integrity and credibility of India's public examination system. By enshrining transparency, fairness, and accountability, the legislation reaffirms the nation's commitment to nurturing a meritocratic society where genuine efforts are duly recognized and rewarded. As it moves through the legislative process, the Bill stands poised to usher in a new era of integrity and equity in India's educational landscape.