Q.11. What are the aims and objects of recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act? [UPSC 2024 GS P-2]

In recent years, there have been numerous instances of question paper leaks in recruitment exams across India e.g., Vyapam Scam (2013), CBSE Paper Leak (2018), NEET scam 2024, UPPSC (J) Exam etc. Specifically, there have been at least 48 cases of paper leaks in 16 states over the past five years. These incidents have disrupted the hiring process for government jobs, affecting approximately 1.51 crore applicants vying for about 1.2 lakh posts.

In light of the above scenario, Government has introduced several reforms to enhance transparency in examinations for recruitment as well as admission to higher education institutions. These, inter alia, include introducing self-attestation; shortening examination cycle (from 18-22 months to 6-10 months); doing away with interviews for recruitment to Group ‘C’ and ‘D’; introduction of computer-based tests and issuance of appointment letters through digital means under “Rojgar Mela”.

The Public Examination (Prevention of Unfair Means) Act, 2024, was passed (Enforcement Date: 21-06-2024) with the primary aim of curbing unfair practices and malpractices during public examinations in India.

 

The key aims and objectives of the Act are as follows:

1. Prevention of Unfair Means:

Malpractices in public examinations lead to delays and cancellation of examinations adversely impacting the prospects of millions of youths. At present, there is no specific substantive law to deal with unfair means adopted or offences committed by various entities involved in the conduct of public examinations by the Central Government and its agencies. Therefore, it is imperative that elements that exploit vulnerabilities of examination system are identified and effectively dealt with by a comprehensive Central legislation.

The Act broadly defines “unfair means” to include various malpractices, such as:

• • • Leaking question papers or answer keys
    • Assisting candidates during exams (unauthorized communication, providing solutions)
    • Tampering with computer networks or resources
    • Impersonating candidates
    • Conducting fake examinations or issuing fake documents
    • Tampering with documents for merit lists or ranks

 

• The objective of the Act is to bring greater transparency, fairness and credibility to the public examination systems and to reassure the youth that their sincere and genuine efforts will be fairly rewarded and their future is safe. The Act is aimed at effectively and legally deterring persons, organized groups or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains. Candidate as defined in the Act shall not be liable for action within the purview of the act and shall continue to be covered under the extant administrative provisions of the concerned public examination authority.

• The Act shall serve as a model draft for States to adopt at their discretion. This would aid States in preventing the criminal elements from disrupting conduct of their state level public examinations.

 

To make this happen,

• The Act introduces stringent penalties, including fines and imprisonment, for individuals caught using or facilitating unfair means during exams.

• • Individuals:
    • Imprisonment ranges from 3 to 10 years depending on the offense’s severity
    • Fines up to Rs. 1 crore for organized crimes
  • Service providers:
    • Fines up to Rs. 1 crore for involvement in malpractices
    • Barring from conducting public examinations for 4 years
    • Personal liability for directors/management involved
  • Addressing Organized Cheating/Crimes:
    • Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
    • The institution involved can face property attachment and forfeiture.
• Technology in Exam Surveillance: The Act encourages the use of technology, such as CCTV and biometric attendance, to monitor exam centers and detect unfair means in real-time.
• Empowering Authorities:

• • Conduct surprise checks at exam centers and seize electronic devices if suspected foul play
  • Blacklist service providers found guilty of malpractices
  • Share information and coordinate across agencies to effectively tackle organized cheating

• Additional Measures:

• • Establishing specialized courts for speedy trial of offenses
  • Promoting public awareness about the bill and its implications.

 

Public Examination covered under this Act:

Any examination conducted by—
1. Union Public Service Commission.
2. Staff Selection Commission.
3. Railway Recruitment Boards.
4. Institute of Banking Personnel Selection.
5. Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff.
6. National Testing Agency.
7. Such other authority as may be notified by the Central Government.

 

University/State Education Board Examinations:

While the focus is on public examinations, university and state education board examinations are also covered under this Act, especially in cases where the government or its agencies conduct these exams or supervise their processes.

 

This broad coverage is intended to ensure that all major examinations, both academic and competitive, are conducted fairly across the country, reducing the incidence of cheating and promoting merit-based selection.