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Public Examinations Act - 2024

Public Examinations Act - 2024

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Why in News: Recently, The government of India notified the Rules necessary to implement the Public Examinations (Prevention of Unfair Means) Act, 2024.

Summary of Prevention of Unfair Means Act

The above act is designed to combat widespread malpractices in public examinations across India. It provides definition of key entities like candidates, examination authorities, and unfair practices, which include leaking exam papers, tampering with answer sheets, and obstructing exams. The Act imposes stringent penalties, including imprisonment and heavy fines, for individuals and organizations found guilty of cheating. It also mandates secure exam processes, digital surveillance, and a regulatory framework for oversight. However, concerns have been raised about the Act's harsh penalties, the burden of proof on the accused, and potential implementation challenges. Despite these concerns, the Act is seen as a crucial step towards ensuring fairness and integrity in the examination system, but its success will depend on effective enforcement, continuous monitoring, and fostering a culture of ethical conduct in education.

The Act aims to prevent and penalize malpractices in public examinations, ensuring the integrity and fairness of the examination process in India.

Unfair means include leaking question papers, tampering with answer sheets, providing unauthorized assistance to candidates, obstructing exams, and creating fake websites for cheating.

Violators face imprisonment ranging from three to five years and fines up to ₹10 lakh. Service providers involved in malpractices may be fined up to ₹1 crore and barred from conducting exams for four years.

A regulatory body will oversee the implementation of the Act, ensuring compliance with the prescribed protocols and conducting audits of examination processes and centers.

Concerns include the harsh punitive measures, the burden of proof on the accused, protection for public examination officials, and the lack of clear timelines for investigating malpractices.

Definitions under the Act

  1. Candidate: A person granted permission by the public examination authority to appear in public examination. It also includes persons authorised as scribes.
  2. Public Examination: Any examination conducted by an authority for public examination (as stated in schedule).
  3. Public Examination Authority: An authority specified by the Central Government by notification for conducting public examinations.
  4. Service Provider: Any agency, organisation, body, or firm contracted by the public examination authority to conduct public examinations.
  5. Public Examination Centre: Premises selected by the service provider or by the public examination authority, to be used for conduct of public examination.
  6. Unfair Means: It includes one or more of the following acts:
    • Leaking question papers or answer keys or part thereof;
    • Directly or indirectly unauthorized assistance to the candidate in any manner in a public examination;
    • Tampering with answer sheets including Optical Mark Recognition (OMR) response sheets;
    • Tampering with the computer network or a computer system;
    • Tampering with any document necessary for short-listing of candidates or finalizing the merit or rank of a candidate in a public examination;
    • Modifying the assessment except to correct a genuine error without permission;
    • Manipulation of seating arrangements, dates, and shifts to enable the use of unfair examination practices;
    • Endangering the life, liberty, or unfairly restraining individuals linked with public examination authorities or service providers.
    • Obstructing a public examination.
    • Creating fake websites for financial gain or cheating.
    • Conducting fake exams and producing forged offer letters or admission cards in order to deceive or for monetary benefits.

Schedule List

Any Examination Conducted By:-

  1. Union Public Service Commission
  2. Staff Selection Commission
  3. Railway Recruitment Boards
  4. Institute of Banking Personnel Selection
  5. Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff.
  6. National Testing Agency
  7. All “Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff.
  8. Any other authority as may be notified by the Central Government.

Preventive Measures

Provisions and Punishment for Offences under the Act

Concerns related to the Act

Way Forward - Legislation alone is not enough

The Public Examinations (Prevention of Unfair Means) Act, 2024 is an important step towards addressing malpractices in our examination system. The Act must be strictly implemented to ensure that its goals are accomplished.

Conclusion of Prevention of Unfair Means Act

The Public Examinations (Prevention of Unfair Means) Act, 2024 is a crucial legislative measure aimed at curbing malpractices in India's examination system. With its stringent provisions and severe penalties, the Act seeks to create a strong deterrent against unfair means. However, its success hinges on effective implementation, robust monitoring, and a cultural shift towards ethical conduct in examinations. Collaboration between central and state governments is essential for establishing a consistent framework that addresses regional challenges. Ultimately, the Act must be part of a broader strategy that includes technological advancements and administrative reforms to ensure its long-term effectiveness.

EXPECTED QUESTIONS FOR UPSC CSE - Prelims MCQs

Consider the following statements regarding the Public Examinations (Prevention of Unfair Means) Act, 2024:
1. The Act specifies that all offences under it are cognizable, non-bailable, and non-compoundable.
2. It prohibits the unauthorized use of Optical Mark Recognition (OMR) sheets in public examinations.
3. The Act allows for the seizure of assets owned by institutions involved in examination malpractices.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2, and 3

Correct Answer :(b) 1 and 3 only
Under the Public Examinations (Prevention of Unfair Means) Act, 2024, which of the following is responsible for overseeing compliance and conducting audits of examination processes?
(a) Centre Coordinator
(b) Regulatory Body
(c) Venue In-charge
(d) Service Provider

Correct Answer :(b) Regulatory Body
Which of the following actions is explicitly defined as "unfair means" under the Public Examinations (Prevention of Unfair Means) Act, 2024?
(a) Creating educational materials for exam preparation
(b) Using secure printing and distribution systems for examination materials
(c) Conducting fake exams and producing forged offer letters
(d) Providing additional time for students with disabilities

Correct Answer :(c) Conducting fake exams and producing forged offer letters

EXPECTED QUESTIONS FOR UPSC CSE - Descriptive Question

Evaluate the potential impact of the Public Examinations (Prevention of Unfair Means) Act, 2024, on the integrity of public examinations in India. What are the key challenges associated with its implementation, and how can these be addressed effectively? [15M, 250W]
Discuss the provisions of the Public Examinations (Prevention of Unfair Means) Act, 2024, concerning the roles of Centre Coordinators and Venue In-charges. How do these roles contribute to the prevention of unfair means in public examinations? [15M, 250W]
Analyze the implications of the stringent penalties under the Public Examinations (Prevention of Unfair Means) Act, 2024, on institutions and individuals involved in examination malpractices. How does the Act balance the need for deterrence with principles of justice? [15M, 250W]
The Public Examinations (Prevention of Unfair Means) Act, 2024, includes several preventive measures to curb examination malpractices. How effective are these measures in addressing both technological and procedural aspects of examination security? Provide suggestions for further improvements. [15M, 250W]

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