Fairness First: India's Parliament Passes Public Examinations Act with a Focus on Meritocracy
EN Explain
During the recently concluded Budget Session of Parliament, it deliberated on and passed several consequential Legislations. Chief among these was the Public Examination (Prevention of Unfair Means) Act, 2024 which emerged as a focal point of extensive discussion. With the assent of the President of India assent on Feb 12, the Bill has become an Act. The primary objective of this legislative measure is to systematise and suppress occurrences of paper leaks and other malpractices, prevalent in recruitment and entrance examinations, conducted by bodies such as the Union Public Service Commission, Staff Selection Commission, NEET, Railway Recruitment Board, JEE and CUET (Common University Entrance Test). The most crucial aspect of the legislation is the punishment of imprisonment, ranging from a minimum of three years to a maximum of five years, coupled with a fine extending up to Rs. 10 lakh or both. This stern punitive framework is intended to act as a deterrent against individuals engaged in irregularities during public examinations. Union Minister Dr. Jitendra Singh, a proponent of the Act, articulated that its enactment would usher in a new era marked by enhanced transparency and a time-bound selection process. Furthermore, he emphasised the overarching goal of providing a level playing field for all participants. Dr. Singh underscored the Act's capacity to mitigate disparities and foster an environment where meritocracy prevails. The Act specifically addresses issues related to unfair means in the conduct of examinations, strategically navigating terrain that falls outside the purview of the Indian Judicature Code Act. Its passage not only reflects a commitment to combating malpractices but also signals a concerted effort to fortify the integrity and fairness of the examination system in the country.
"The Public Examinations Act is probably the first such Act in the history of the Indian Parliament, which is dedicated to the youth of India. At present, youth contributes 70 percent of the total population of the country, which is essential for Prime Minister Shri Narendra Modi's goal of developed India and for nation building in the next two decades" - Union Minister Dr. Jitendra Singh
The Centre has said it will actively promote the adoption of this legislation by states. Key features of the Act is summarised below:
1. Offences Related to Public Examinations
• This Act outlines various categories of crimes associated with public exami-nations.
• It expressly prohibits conspiring or colluding to employ unfair means during any public examination. The offenses under this category include:
Leaking question papers or answer keys.
Providing assistance to a candidate in any manner during the public examination.
Tampering with the network or other critical resources during computerised examinations.
Manipulating documents for shortlisting or finalising the merit list, rank and altering it for personal convenience.
Conducting fake examinations, engaging in cheating, or issuing counterfeit admit cards or offer letters for financial gain.
Prematurely disclosing confidential information related to the examination.
Unauthorised entry of individuals into examination centers with the intent to create disruption.
2. Responsibilities of Service Providers: Service providers, defined as organisations offering computer resources and support to a public examination authority, bear specific responsibilities as outlined in the Act.
• Reporting Violations: Service providers must promptly inform both the police and the examination conducting authority in case of any violation of the Act's provisions. Failure to report such incidents will be considered a criminal offense.
• Criminal Acts by Service Providers: If a service provider commits any crime, it becomes the responsibility of the examination authority to report the incident to the police. The Act explicitly restricts service providers from relocating the examination center without the examination authority's permission. Violation of this provision attracts a fine of up to Rs. 1 crore and the service provider will bear the investigation costs.
• Ban on Conducting Examinations: In case of a violation, the service provider faces a four-year prohibition from conducting public examinations.
• Personal Liability for Management: Any director, senior management, or person in charge of the service provider, consenting to a crime involving the organization, will be held personally liable. Upon proven guilt, the punishment may include imprisonment ranging from three to ten years and a fine of Rs. 1 crore.
3. Organised Crime: This Act takes a stringent stance against organised crimes, categorising them as illegal acts committed by individuals or groups to gain an unfair advantage in public examinations. Perpetrators involved in organised crime face severe penalties, including imprisonment ranging from five to years and a minimum fine of Rs. 1 crore. Furthermore, the assets of the organisation engaged in organised crime will be seized and the proportional cost of the examination will be recovered.
4. Inquiry and Investigation: Under this Act, offences are deemed cognisable, non bailable and non-compoundable. Importantly, actions taken during the investigation process are not considered criminal. The Act specifies that crimes falling below the rank of Deputy Superintendent or Assistant Commissioner of Police will not be subject to investigation. Simultaneously, the Central Government retains the authority to transfer the investigation to any central investigating agency during the course of action.
Additional Bills Passed During Budget Session
Water (Prevention and Control of Pollution) Amendment Bill, 2024
This legislation introduces crucial amendments to the Water (Prevention and Control of Pollution) Amendment Bill, 2024, which establishes the Central and State Pollution Control Boards (CPCB and SPCB) with the primary objective of preventing and controlling water pollution. Noteworthy is the Bill's shift towards decriminalisation, wherein several violations are reclassified as punishable offenses with fines. The initial rollout of these changes is slated for Himachal Pradesh, Rajasthan and Union Territories, with a proactive call for other states to follow suit.
The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill 2024
This legislative proposal brings modifications to the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950, specifically reshaping the list of Scheduled Castes and Scheduled Tribes in Odisha.
Under this Bill, communities such as Muka Dora, Mooka Dora, Nuka Dora and Konda Reddy find inclusion in the list of Scheduled Tribes in Odisha, particularly for the districts of Koraput, Naurangpur, Rayagada and Malkangiri. Additionally, the Tamadiya and Tamudiya communities undergo a shift from the Scheduled Castes category to inclusion in the list of Scheduled Tribes. The Bill further accommodates synonyms or phonetic variations for specific communities within the Scheduled Tribes list in Odisha.
Compiled By- Kaushikee, Sudhit Mishra, EN Team
Source- PIB, India.gov.in, AIR