Q11. What are the aims and objectives of recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act ? (Answer in 250 words).
Kartavya Desk Staff
Introduction:
The Public Examinations (Prevention of Unfair Means) Act, 2024, aims to combat widespread malpractices and organized cheating in public examinations in India. Effective from June 21, 2024, this legislation addresses the pressing need for reform in examination integrity.
Body:
Aims and Objectives of the Act:
• Enhance Transparency and Fairness: The Act aims to establish a transparent and credible examination system that reassures students of fair rewards for their efforts.
• Prevent Malpractices: It targets organized cheating and other unfair practices that undermine the integrity of public examinations.
• Support Government Initiatives: The Act supplements existing measures like self-attestation and the reduction of examination cycles to enhance efficiency.
• Definition of Public Examinations: The Act defines public examinations as those conducted by specified authorities, ensuring clarity in its application.
Key Provisions of the Act
• Applicability: The Act covers central recruitment and entrance exams conducted by agencies like UPSC, SSC, RRBs, IBPS, and NTA, encompassing all central ministries and departments.
• Punishments for Offenders: Offenders involved in paper leaks face prison terms of 3-5 years, increasing up to 10 years if linked to organized crime, along with hefty fines.
• Defined Unfair Means: The Act lists 20 specific offences, including impersonation, tampering, and unauthorized access to examination materials.
• Investigation Protocols: Investigations are conducted by officers of rank, ensuring rigorous enforcement of the law.
• National Technical Committee: A dedicated committee has been established to enhance IT security and develop protocols for computerized examinations.
Coverage of University and State Education Board Examinations
• Exclusion from the Act: The Act primarily targets central examinations and does not explicitly cover university or state education board examinations. However, it serves as a model for state governments to create similar laws.
• State Discretion: The reliance on state governments to draft their own laws may lead to inconsistencies in how unfair practices are addressed across different states.
Concerns Associated with the Act
• Discretionary Power of States: The provision allowing states to draft their own acts raises concerns about partisan interests and implementation discrepancies.
• Exclusion of Students: The exclusion of students from criminal sanctions may allow malpractices to persist, as offenders could exploit loopholes.
• Composition of the National Technical Committee: Lack of clarity regarding the qualifications and composition of the committee could lead to issues of partisanship and effectiveness.
• Potential Loopholes: The possibility of exploitation by organized crime groups posing as students highlights the need for robust enforcement mechanisms.
Conclusion:
While its aims to enhance transparency and deter malpractices are commendable, the coverage limitations regarding state and university examinations, alongside potential concerns about implementation, require careful consideration.