Tackling the Menace of Organised Cheating in Public Examinations

The Government of India, on 21st June, 2024 has notified the Public Examinations (Prevention of Unfair Means) Act, 2024.

New Parliament Building: Inaugurated by the Prime Minister Narendra Modi on 28th May, 2023.

Government Notification— Commencement of the New Law

The Government of India, on 21st June 2024, notified the commencement of the Public Examinations (Prevention of Unfair Means) Act, 2024, a newly enacted law aimed at curbing cheating and malpractices in public examinations. This legislation comes in the wake of the tumultuous controversies surrounding the integrity of exams like NEET and UGC-NET. However, many view this move as a reactive measure in response to widespread outcry among students and aspirants, rather than a comprehensive solution to address the systemic issues and gaping loopholes that have allowed examination mafias to flourish across the country, jeopardising the future of millions of bright candidates.

Rising Scores and Allegations of Irregularities

The 2024 NEET exam results have sparked a nation-wide controversy due to an unprecedented number of top scorers, with 67 students achieving a perfect 720/720 compared to just two in the previous year. This surge in high scores, coupled with petitions alleging paper leaks in Patna and arrests related to cheating and impersonation in various states, has raised suspicions about the exam's integrity. The National Testing Agency (NTA) awarded arbitrary grace marks to over 1,500 students without disclosing the criteria, adding to the doubts surrounding the process.

Response and Implications

Amidst growing protests and opposition demands, the Supreme Court has sought responses from the NTA and the Central Government regarding the alleged irregularities. The NTA decided to cancel the grace marks for 1,563 candidates and announced a retest for them on June 23. However, the call to cancel NEET 2024 entirely has not been accepted, leaving unresolved questions about the dramatic rise in top scores and the exam's overall credibility. The sudden cancellation of the UGC-NET exam due to similar concerns has further fueled the controversy, highlighting the urgent need for reforms to restore public trust in India's exam system.

Salient Features of the Act

The Act broadly defines "unfair means" to encompass a range of activities, including leaking question papers or answer keys, assisting candidates during exams, tampering with computer systems, impersonation, and conducting fake exams. It applies to examinations conducted by major bodies such as the UPSC, SSC, Railway Recruitment Boards, IBPS, NTA, and various central government ministries and departments. Individuals caught engaging in unfair means face imprisonment of 3-5 years and fines up to Rs. 10 lakh, while service providers involved in malpractices can be fined up to Rs. 1 crore and barred from conducting exams for four years. For organized crimes, the penalties are even harsher, with 5-10 years of imprisonment and a minimum fine of Rs. 1 crore. All offenses under this Act are cognizable, non-bailable, and non-compoundable.

Objectives and Intentions

The Act's primary objectives are to enhance transparency, fairness, and credibility within the public examination systems. It aims to reassure young aspirants that their sincere efforts will be fairly rewarded and their futures safeguarded. Additionally, it seeks to deter individuals and institutions from engaging in unfair practices for monetary or wrongful gains. The legislation addresses the absence of a specific law to deal with such malpractices, aiming to identify and effectively manage elements exploiting vulnerabilities in the examination system.

Need for the Legislation

The Act received the President's assent on 12th February 2024 and was enacted due to the urgent need for a robust legal framework to combat frequent exam paper leaks and cheating incidents that have negatively impacted millions of candidates. The recent NEET controversy highlighted the system's vulnerabilities and underscored the necessity for stringent measures to ensure the integrity of high-stakes exams that shape the careers of the nation's youth. However the date of its commencement— 21st June, 2024— was only now notified in the Official Gazette.

Summing Up and Looking Forward

a.) Broad Objectives laudable

In summary, the Public Examinations (Prevention of Unfair Means) Act, 2024 is a comprehensive law designed to prevent cheating, enforce accountability, and restore credibility in India's public examination system. By prescribing stringent punishments for offenders and empowering authorities, this legislation aims to secure the integrity of examinations crucial to the nation's future.

b.) Implementation Challenges

While the Public Examinations (Prevention of Unfair Means) Act, 2024 is a welcome enactment, previous experience indicates that it is not the severity of punishment prescribed under the law that acts as a deterrent, but rather the certainty of its implementation. Given the long-winded legal procedures where both the investigation and trial can be prolonged and protracted, such stiff punishments are often not found to be effective in practice.

c.) Constitutional Constraints

Moreover, on account of the constitutional provisions enshrined in Article 20(1) of the Constitution of India— protection against retrospective operation of criminal laws— no one can be tried for an offense under this enactment that was committed before June 21, 2024, the day when this law came into force. Be that as it may, policymakers feel this is enough to deter organized leakages in the future.

d.) Beyond Legislation: The Need for Robust Systems

However, stringent laws cannot be a substitute for the foolproof conduct of exams, as exemplified by the practices of UPSC and IIT-JEE. These institutions have not only raised the credibility of the examination system but also inculcated a culture of meritocracy among the youth and the system as a whole. Ultimately, it is the integrity and robustness of the examination process itself that will be the most effective safeguard against unfair means and malpractices.

Restoring Confidence in the Examination System

This is an area that directly impacts the future and motivation of millions of bright and meritorious students. Any systemic failures can lead to repercussions far beyond legal cases and the re-conduct of these examinations. It is hoped that policymakers and education administrators will work in sync to regain the confidence of the student community at large. Mere CBI investigations will not suffice. A comprehensive approach involving transparent processes, robust security measures, and collaborative efforts between all stakeholders is essential to restore and maintain the integrity of the examination system.

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