Context: 

This article is based on the news “Government introduced Public Examinations Bill 2024 in Lok Sabha” which was published in the All India Radio. The Government has recently introduced the Public Examinations (Prevention of Unfair Means) Bill, 2024 in the Lok Sabha. 

Background Of Public Examinations Bill 2024

• The Public Examinations Bill 2024 comes against the backdrop of the cancellation of a series of competitive tests such as: 
  • Teacher recruitment exam in Rajasthan. 
  • Common Eligibility Test (CET) for Group-D posts in Haryana. 
  • Recruitment exam for junior clerks in Gujarat. 
  • Constable recruitment examination in Bihar following question paper leaks.
• According to estimates, there have been more than 70 cases of question paper leaks in the country between 2016 and 2023 and more than 1.5 crore students have been affected by paper leaks.
  • According to data, at least 12 recruitment drives have been cancelled between 2018 and February 2023 in Rajasthan owing to paper leaks.

Need of Law to Prevent Unfair Means in Public Examinations

• Lack of Substantive Law: 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.
• Existence of Unfair Practices in Public Examinations: Malpractices in public examinations lead to delays and cancellation of examinations, adversely impacting the prospects of millions of youth. 
• Ensure Transparency, Fairness and Credibility: The objective of the Public Examinations Bill is to bring greater transparency, fairness and credibility to the public examination systems and to reassure the students that their genuine efforts will be fairly rewarded. 
• Act as Deterrence: The Public Examinations Bill is aimed at effectively and legally deterring persons, organised groups or institutions, including government officials that indulge in various unfair means, and adversely impact the public examination systems for monetary and wrongful gains. 

Major Highlights of Public Examinations Bill 2024 

• Objective of Public Examinations Bill 2024: To bring greater transparency, fairness and credibility to the public examination systems and to prevent unfair means in the public examinations. 
• Serve as Model Draft: The Public Examinations Bill 2024 will serve as a model draft for States to adopt at their discretion which will aid States in preventing criminal elements from disrupting conduct of their State level public examinations.
• Defines Public Examinations: It is defined as any examination conducted by a public examination authority listed in the Schedule of the Public Examinations Bill, or any such other authority as may be notified by the Central Government. 
  • Schedule Lists Five Public Examination Authorities: Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs), Institute of Banking Personnel Selection (IBPS), and National Testing Agency (NTA).
• Unfair Means in Examination: Public Examinations Bill 2024 lists at least 15 actions that amount to using unfair means in public examinations for monetary or wrongful gain, including: 
  • Leakage of question paper or answer key, tampering with answer sheets, directly or indirectly assisting the candidate, conduct of fake examination, etc. 
• Punishment for Violations: 
  • Person Resorting to Unfair Means: Three to five years in prison, and a fine up to Rs 10 lakh. 
    • If the convict fails to pay the fine, additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Nyaya Sanhita, 2023. 
  • Service Providers: Those engaged to provide for the conduct of the examination can be fined up to Rs 1 crore, along with other penalties. 
  • Organised Paper Leaks: Imprisonment for a term not less than five years, may extend to ten years and a fine which shall not be less than one crore rupees”. 
  • Does Not Target Candidates: Candidates appearing for the exams have been left out of its purview.
• National Technical Committee on Public Examinations: The bill proposes a high-level committee that will make recommendations to make the computerised examination process more secure. 
  • The committee shall look into developing protocols for insulating digital platforms, devising ways and means for developing foolproof IT security systems, ensuring electronic surveillance of examination centres and formulating national standards and services for both IT and physical infrastructure to be deployed for conduct of such examinations.

Ethical Perspective of Using Unfair Means in Public Examinations

• Violation of Trust: Students, teachers, and society as a whole place trust in the examination system to accurately assess academic abilities and achievements and using unfair means violates this trust and undermines the integrity of the entire education system.
• Unfair Advantage: Individuals who resort to cheating or malpractices gain an unfair advantage over their peers who abide by the rules which creates an unequal playing field and compromises the principle of fair competition.
• Deception and Dishonesty: Individuals misrepresent their knowledge and abilities, undermine the value of genuine academic achievements and foster a culture of deceit.
• Erosion of Personal Integrity: Engaging in cheating or using unfair means erodes one’s personal integrity and moral character and teaches individuals that dishonesty is acceptable in pursuit of personal gain, leading to ethical dilemmas and compromised values in other aspects of life.
• Consequences for Society: The prevalence of cheating and malpractices in examinations has broader implications, including eroding trust in educational institutions, devaluing qualifications and certifications, and perpetuating a culture of moral decay.

Way Forward

• Legal Framework for Deterrence: The Public Examinations Bill 2024 can serve as an important deterrence, but its effectiveness will depend on the timely investigation and prosecution of offenders. 
• Switch to Computer-Based Exams: Printing and transporting steps are reduced significantly or eliminated, leaks become more difficult, and further modern statistical techniques allow comparative performance to be measured accurately and virtually immediately even across different papers.
• Enhanced Security Measures: There is a need to enhance security measures at examination centres by utilising technology such as advanced surveillance systems and biometric authentication can help deter malpractices.
  • The bill recommends a high-level National Technical Committee on Public Examinations for this purpose.
• Effective Implementation: The bill’s success depends on its effective implementation at both the central and state levels which need clear guidelines and mechanisms for monitoring and enforcing the provisions of the bill will be crucial.
• Public Awareness: Creating awareness among the public, particularly students, about the consequences of engaging in malpractices by engaging with educational institutions, civil society organisations, and the media and fostering a culture of integrity.
• Strengthening Examination Administration: Addressing corruption within examination administration requires stringent measures to detect and punish offenders, ensuring accountability and transparency in the conduct of examinations is imperative.

News Source: NOA

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