Model Answer
0 min readIntroduction
The integrity of public examinations is paramount for ensuring meritocracy and fair opportunities in India. Recent years have witnessed a surge in instances of paper leaks and the use of unfair means in competitive exams, eroding public trust. In response, the Parliament passed the Public Examination (Prevention of Unfair Means) Act, 2024, and it was enforced on February 9, 2024. This legislation aims to prevent, prohibit, and penalize unfair practices in recruitment examinations conducted by various central government bodies, thereby safeguarding the sanctity of the selection process. The Act seeks to establish a robust framework for conducting examinations and deterring malpractices.
Aims and Objects of the Act
The Public Examination (Prevention of Unfair Means) Act, 2024, primarily focuses on preventing and punishing unfair practices in recruitment examinations conducted by designated examining bodies. Its core objectives include:
- Preventing Paper Leaks: The Act aims to prevent the leakage of question papers and ensure the confidentiality of the examination process.
- Curbing Unfair Means: It prohibits the use of unfair means such as impersonation, collusion, and the use of electronic devices during examinations.
- Establishing a Central Body: The Act provides for the establishment of a Central Recruitment Examination Monitoring Committee (CREMC) to oversee the functioning of examining bodies.
- Penal Provisions: It prescribes stringent penalties for individuals involved in unfair practices, including imprisonment and hefty fines.
- Defining Examining Bodies: The Act defines ‘examining body’ as any body established by the Central Government or under a law made by Parliament, entrusted with the responsibility of conducting public examinations.
Scope of the Act: University and State Education Board Examinations
A critical aspect of the Act is its scope of application. Currently, the Act does not directly cover examinations conducted by Universities or State Education Boards. The Act specifically applies to recruitment examinations conducted by central government bodies like the UPSC, SSC, Railway Recruitment Boards, and IBPS.
However, Section 2(e) of the Act defines ‘examination’ broadly, leaving room for potential future expansion of its scope. The Central Government has the power to notify other examining bodies, including those conducting university or state board examinations, to bring them under the purview of the Act. This would require a specific notification extending the Act’s applicability.
Key Provisions and Penalties
| Provision | Details |
|---|---|
| Central Recruitment Examination Monitoring Committee (CREMC) | Composed of a Chairperson and members, responsible for overseeing the functioning of examining bodies and preventing malpractices. |
| Penalties for Paper Leakage | Imprisonment of 3 to 5 years and a fine of up to ₹5 lakh. |
| Penalties for Using Unfair Means | Imprisonment of 3 to 5 years and a fine of up to ₹5 lakh. |
| Penalties for Organized Crime | Imprisonment of 5 to 10 years and a fine of up to ₹10 lakh, along with forfeiture of assets. |
| Confiscation of Assets | The Act allows for the confiscation of assets derived from unfair means used in examinations. |
Enforcement Mechanisms
The Act empowers the CREMC to formulate guidelines and standards for conducting examinations. It also allows for the creation of a dedicated cell within examining bodies to investigate and prosecute cases of unfair means. The Act emphasizes the use of technology, such as CCTV surveillance and data analytics, to detect and prevent malpractices. Furthermore, it provides for the establishment of special courts to expedite the trial of cases related to unfair means in public examinations.
Conclusion
The Public Examination (Prevention of Unfair Means) Act, 2024, represents a significant step towards ensuring the integrity of public examinations in India. While currently focused on central government recruitment exams, the Act’s framework allows for potential expansion to include University and State Education Board examinations, which would further strengthen its impact. Effective implementation, coupled with continuous monitoring and adaptation to evolving malpractices, will be crucial for realizing the Act’s objectives and restoring public faith in the fairness of the examination system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.