The Assam government recently tabled the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024, similar to the proposed central law. This legislation is a follow-up to the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Ordinance issued by the Assam Cabinet in October 2023.
The draft legislation aims to curb cheating and malpractices during exams in the state through strict penalties.
Purpose of the Bill
The primary objective of the bill is to provide effective measures to prevent and curb offences related to leakage of question papers and use of unfair means in public examinations for recruitment to any state government post. This includes posts in autonomous bodies, authorities, boards, and corporations.
Definition of “Unfair Means”
The bill defines “unfair means” as cheating by using unauthorized help in a public examination, leaking or attempting to leak a question paper, procuring or attempting to procure a question paper in an unauthorized manner, selling or solving a paper in an unauthorized manner, and directly or indirectly assisting an examinee in an unauthorized manner. It also includes conducting an examination or printing a question paper or blank answer scripts somewhere other than designated areas.
Key Features
Special Courts
The bill proposes that the state government, in consultation with the Chief Justice of the Guwahati High Court, can designate and notify special courts not below the rank of an Additional District and Sessions Judge.
10-Year Jail Term
The bill introduces a provision for a 10-year prison sentence for offenses like leaking question papers or helping candidates use unfair means. This aims to act as a strong deterrent against exam malpractices.
₹10 Lakh Penalty
The draft law also stipulates a hefty fine of ₹10 lakh for those involved in distributing question papers without authorization or enabling cheating. The financial penalty further discourages such activities.
More provisions
The bill further proposes that an examinee convicted under this law will be barred from writing any public exam for two years. In cases involving organized crime, the court can order the attachment of the offender’s property to recover any wrongful gains. If an institution or Limited Liability Partnership is found guilty of an offence under the law, it will be required to pay all the costs of the examination and will be banned permanently.
Ban on Possessing Questions Illegitimately
The proposed law clearly prohibits candidates from possessing question papers without proper permission. This plugs a key loophole enabling cheating.
Deterring Various Malpractices
Beyond leaking questions, the legislation addresses other common malpractices during exams like copying and external assistance to candidates. Stringent actions against all such activities will help reinforce exam integrity.
Significance
In the past five years, Assam has witnessed two major recruitment scandals. The first occurred in 2020, when a recruitment exam for 597 sub-inspector posts had to be cancelled due to a paper leak. Senior and retired IPS officers were among those arrested. The second scandal emerged in 2021, over two years after the exams had been conducted, when the government announced the cancellation of the 2019 exams for various posts in the Assam Power Distribution Company Limited due to widespread irregularities.
The bill signifies the Assam government’s firm commitment to eradicate cheating and unfair means in exams. It aims to overhaul the examination system and selection processes. However, effective on-ground enforcement and speedy trials will be key to the success of this law. Administrative and judicial delays could blunt its impact. Supporting awareness drives should accompany strict policing.
Opposition Suggestions
Opposition parties have argued for measures like housing exam centers in CCTV surveillance networks. This could complement laws enhancing surveillance and identifying violations.
