The Foundation for the Idea of Transparency: The Public Examination (Prevention of Unfair Means) Bill, 2024, the most recent law.

The Foundation for the Idea of Transparency: The Public Examination (Prevention of Unfair Means) Bill, 2024, the most recent law. 

By- Prof. (Dr.) Amit Gaurav, Controller of Examination at Noida International University

By enacting the Public Examination (Prevention of Unfair Means) Bill, of 2024, the government has shown remarkable initiative. This measure guarantees the consequences and punishments for the victims who use unfair methods during the public examination, endangering the people’s ability to have a credible and equitable ecosystem for the nation. The following are included in the measure that was presented to the parliament: 

• The scope of the bill is tests administered by several government bodies, such as the UPSC, SSC, Railway Recruitment Boards, and others; some of the well-known tests included by the bill are NEET, JEE, UGC NET, and UPSC CSE.

• Possible Extension: In order to increase the reach of the provision, the Central Government may inform additional authorities. 

• Investigative Authority: Under the Act, officials holding positions equal to or higher than Assistant Commissioner of Police or Deputy Superintendent of Police shall investigate offenses.

• Penalties for Offenders: Unfair methods of operation can result in fines of up to ten lakh rupees and sentences of three to five years in prison. 

• Character of Offenses: All offenses covered by the Bill are cognizance-based, bail-free, and cannot be compounded.

•  Service Provider Liability: Service providers that support unfair tactics run the risk of a four-year ban from conducting open tests in addition to fines of up to one crore rupees. 

•  Penalties for Officers and Institutions: Directors, senior management, or people in control of service provider organizations may face fines of up to one crore rupees and a three-to ten-year prison sentence if they are found to be complicit in the crime.

• Criminal action carried out by individuals or organizations planning to falsify or influence public tests in order to obtain unfair advantage is referred to as organized crime.

• Covered Offenses: These include tampering with response sheets, assisting candidates without permission, disclosing private information, and interfering with test administration.

• Use of Premises: It is illegal to hide the use of unfair techniques, and public exams may only be conducted on licensed testing grounds. 

Unjust measures at the college or school level can be stopped by educating the students about the possible implications and how they may impact their lives. Strict policies should be established and enforced, as this will help pupils avoid bad behavior and do well on assessments.

With the largest population in the world, India is a major country with high stakes due to the intense pressure that can lead to bribery, inadequate oversight, insufficient monitoring, and a lack of ethical training. Additionally, and this is quite troubling, technological advancements make it easier for papers to be leaked electronically. These concerns highlight the need for increased monitoring and security during exams, as well as the encouragement of ethical education, in order to address socioeconomic disparities in education. Strictly prohibiting malpractices through law may also be advantageous.