Recently, the  Union government notified the Public Examinations (Prevention of Unfair Means) Bill, 2024, effective June 21, 2024.

Background Of Public Examinations Bill 2024

The NEET-UG 2024 exam faced allegations of question paper leaks, and grace marks were awarded to over 1,500 students. 

• The results, announced on June 4, triggered protests and legal actions. 
  • Similarly, following reports of question leaks, the UGC-NET exam was cancelled a day after it was held.
• Data Estimates: Estimates indicate that over 70 cases of question paper leaks occurred in the country between 2016 and 2023, affecting more than 1.5 crore students. 
  • Data shows that at least 12 recruitment drives in Rajasthan were cancelled between 2018 and February 2023 due to paper leaks.

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Key Provisions of the Public Examinations Bill 2024

It aims to prevent the use of “unfair means” in public examinations and bring “greater transparency, fairness and credibility”.

• Definition of Public Examinations: Public Examinations refer to any examination conducted by a public examination authority listed in the Schedule of the Public Examinations Bill or any other authority that may be notified by the Central Government.
  • The Schedule includes the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs), Institute of Banking Personnel Selection (IBPS), and National Testing Agency (NTA).
• Exclusion of Candidates: Bona fide candidates of public examinations are excluded from the scope of the Act. Defaulting candidates will not be punished under this Act; instead, appropriate action will be taken by the respective public examination authority.
• Broad Definition of Unfair Means: The Act defines 15 actions that constitute the use of unfair means in public examinations “for monetary or wrongful gain.” 
  • These include leaking question papers or answer keys, directly or indirectly assisting candidates, willfully violating norms or standards, tampering with computer networks or resources, creating fake websites, and more.
• Cognisable Offence: Section 9 of the Act stipulates that all offences are cognisable, non-bailable, and non-compoundable. 
  • Consequently, arrests can be made without a warrant, and bail is not granted as a matter of right.
  • Instead, a magistrate will decide if the accused is eligible for release on bail.
• Organised Crime: Section 11 of the Act pertains to organised crime, prescribing penalties of 5 to 10 years of imprisonment and fines up to 1 crore rupees.
  • If any institution is involved in committing an organised crime, its property will be liable to attachment and forfeiture by the government.
• Punishment for Violations: Imprisonment for three to five years and a fine of up to Rs 10 lakh. If the convict fails to pay the fine, additional imprisonment will be imposed according to the provisions of the Bharatiya Nyaya Sanhita, 2023.
  • Those involved in conducting the examination can be fined up to Rs 1 crore, along with other penalties.
• Investigating Authority: The Act authorises the Central Government to refer any case under its jurisdiction to a Central Investigating Agency as needed to ensure the matters are handled swiftly and with due diligence.
• National Technical Committee on Public Examinations: The bill proposes establishing a high-level committee to enhance the security of the computerised examination process. 
  • This committee will be responsible for developing protocols to protect digital platforms, creating robust IT security systems, ensuring electronic surveillance of examination centers and setting national standards for IT and physical infrastructure used in conducting examinations.
• Designation of a Public Servant: The Act designates officials of the public examination authority as public servants to ensure accountability and transparency in the process. 
  • Consequently, appropriate administrative action can be taken against any defaulting public servants in accordance with the authority’s service rules and procedures.

Need for Law to Prevent Unfair Means in Public Examinations

• Lack of Substantive Law: No specific substantive law currently addresses unfair practices or offenses by entities conducting public examinations for the central government and its agencies.
• Existence of Unfair Practices: Malpractices in public examinations lead to delays and cancellations, negatively impacting the prospects of millions of youth.
• Ensuring Transparency, Fairness, and Credibility: The Public Examinations Bill aims to enhance transparency, fairness, and credibility in the examination system, ensuring that students’ genuine efforts are fairly rewarded.

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