Context: The state government of Odisha has proposed to enact a new state law with stringent provisions to check cheating and other malpractices in the public examinations. At the national level, the Public Examinations (Prevention of Unfair Means) Act, 2024 seeks to address similar challenges.
Relevance of the topic:
Prelims: Key provisions of Public Examinations (Prevention of Unfair Means) Act, 2024.
Major Highlights:
- Odisha’s state Anti-cheating bill proposes a jail term of three to five years and a fine of up to ₹10 lakh for anyone who uses unfair means.
- Service providers can also be punished with a fine of up to ₹1 crore. They may also be required to pay the proportionate cost of the exam and be barred from conducting any public exams for four years.
The Public Examinations (Prevention of Unfair Means) Act, 2024:
- The Public Examinations (Prevention of Unfair Means) Act, 2024 is the first-ever national law enacted against unfair means in public examinations.
- The Act defines public examination as any examination conducted by the public examination authority as specified in the Act or notified by the Central government.
Public examination authority mentioned in the Act:
- Union Public Service Commission
- Staff Selection Commission
- Railway Recruitment Board
- Institute of Banking Personnel Selection
- Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff
- National Testing Agency
- Any such authority which may be notified by the Central Government.
Objective of the Act:
- To enhance transparency, fairness, and trust in public exams, ensuring sincere efforts are rewarded and youths' futures secured.
- To ensure effective legal deterrence to persons, organised groups or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains.
Unfair means:
The Act defines at least 15 actions as “unfair means” which include:
- theft of examination materials or their leakage to the candidates
- cheating or assisting the candidates in any way
- corrupting computer setup or resources
- foul play in the process of shortlisting or ranking of the candidates
- conducting fraudulent exams and issuing fake admit cards or offer letters for financial gain
- tampering with answer sheets or examination records.
Punishment:
- All offenses shall be cognizable, non-bailable and non-compoundable.
- Penalties:
- The Act provides severe penalties for offenders including up to five years in prison and a fine of up to Rs 10 lakh.
- In case the service provider is involved, it shall be liable to be punished with imposition of a fine up to One Crore rupees and proportionate cost of examination shall also be recovered from such service provider.
- Investigations: The Act mandates that offenses will be investigated by officers at the rank of Deputy Superintendent of Police or Assistant Commissioner of Police or higher.
Challenges addressed by the Act:
- Provides comprehensive legal framework: Prior to the Public Examinations (Prevention of Unfair Means) Act, 2024, there was no specific law to address unfair practices in the conduct of Central Government examinations.
- Institutional Accountability: Instances of paper leaks and cheating have caused delays and cancellations of exams, thus eroding public confidence in recruitment systems. (An investigation found at least 41 instances of paper leaks in 15 states over the last five years) The Act seeks to address malpractices in public examinations and enforces penalties on service providers, ensuring institutional responsibility for exam integrity.
Limitations of the Act:
- The Act does not cover exams conducted at the state level or by universities and state education boards, unless especially notified by the Central Government. This leaves a regulatory gap, as state-level examinations are equally vulnerable to malpractices.
The Act's success depends on several factors, including its effective implementation and robust monitoring.