LOK SABHA PASSES PUBLIC EXAMINATIONS BILL: AIMING TO CURB MALPRACTICES

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TAG: GS 2: POLITY

THE CONTEXT: The Lok Sabha has approved the Public Examinations (Prevention of Unfair Means) Bill, 2024, with a focus on curbing malpractices, including question paper leaks, document tampering, and network manipulation in public examinations.

EXPLANATION:

• The bill carries provisions for stringent penalties, with Union Minister emphasizing its importance during the discussion.

Key Provisions of the Bill

• Scope and Punishments:
  • The Bill targets officials or organizations involved in malpractices and proposes penalties, including a jail term of up to 10 years and fines exceeding Rs 1 crore.
  • Notably, students or candidates are excluded from the purview of the Bill, as clarified by Union Minister Jitendra Singh.
• Inspiration from Indian Express Investigation:
  • During the discussion, several members referred to The Indian Express investigation report highlighting 41 instances of question paper leaks affecting over 1.4 crore candidates across 15 states in the past five years.
• Applicability:
  • The bill is applicable to central recruitment and entrance exams conducted by:
    • 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).
  • The NTA conducts exams for admission to higher educational institutions, like the Joint Entrance Examination (JEE) for engineering, National Eligibility Cum Entrance Test (NEET) for medical, and Common University Entrance Test (CUET) for undergraduate and post-graduate studies.
  • Apart from these designated public examination authorities, all central ministries and departments, as well as their offices for recruitment, will also come under the purview of the new law.
• Defines unfair means
  • Section 3 of the Bill defines unfair means.
  • It proposes 20 offences and unfair means including impersonation, manipulation of answer sheets and tampering with documents.
• Nature of offences
  • Section 9 of the bill states that all offences shall be cognizable, non-bailable and non-compoundable.
• Investigation
  • The bill proposes that officers not under the rank of deputy superintendent of police or assistant commissioner of police must head up such matters.
  • The government under the bill also holds the power to send the probe to a Central agency.
  • In essence, this frees up to the police to act on its own and arrest suspects without a warrant.

Parliamentary Discussion Highlights

• Reference to Indian Express Report:
  • One of the MP brought a copy of The Indian Express to the House, linking it to the Bill.
  • The report focused on the widespread issue of question paper leaks, bringing the magnitude of the problem to the forefront.
• Minister’s Response:
  • The Union Minister acknowledged the pervasive nature of malpractices across states, emphasizing the need for legislation.
  • He highlighted administrative deficits in states like Rajasthan and affirmed the Bill’s relevance.
• Addressing “Jami Jamai Vyavastha”:
  • Members referred to the entrenched system depicted in the movie “12th Fail.”
  • Union Minister clarified that the Bill is designed to combat such systemic issues.
• Clarification on Separate Legislation:
  • Members questioned the necessity of a standalone Bill when existing provisions in the IPC and the new BNS already cover malpractices.
  • The Bill is a specific legislation with defined provisions exclusively targeting examination malpractices.

Concerns and Ministerial Responses

• Handling Technology-Driven Malpractices:
  • Members raised concerns about addressing malpractices involving new technologies.
  • The plans to establish a committee of experts for surveillance, understanding, and updating regulations periodically has been outlined.
• Regional Language Examinations:
  • DMK members highlighted the absence of examinations in regional languages as a potential reason for cheating.
  • The government has initiated examinations in 13 languages, including Tamil, with plans to include all 22 gradually was the response.
• Commitment to Meritorious Students:
  • Minister Singh emphasized that the Bill aims to safeguard the interests of meritorious students, ensuring they are not adversely affected by malpractices.

Conclusion

• The passage of the Public Examinations Bill reflects a concerted effort by the government to address the pervasive issue of malpractices in examinations.
• The legislative measures, coupled with ongoing technological surveillance plans, underscore the commitment to ensuring the integrity of the examination system in the country.

SOURCE: https://indianexpress.com/article/india/lok-sabha-passes-anti-cheating-bill-govt-recruitment-exams-9147103/