Assam introduces Examination Bill to combat question paper leaks; all you need to know

The Assam cabinet kicked off the 15th Legislative Assembly's Budget Session by presenting the 'Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024,' aiming to tackle question paper leaks and the use of unfair means during public examinations for recruitment.

As per the contents of the Bill, cheating during examinations will lead to 3 years in jail along with Rs 10 lakh fine. The punishment for leaking examination paper will attract Rs 10 lakh fine and 10 years prison term.

Reports indicate that a new bill has been introduced to tackle exam malpractices by imposing strict penalties for cheating and leaking of question papers.

The government is reportedly taking a hard line against the unauthorized distribution of question papers, an issue that severely affected students appearing for the High School Leaving Certificate (HSLC) exams last academic year. The bill stipulates that candidates will not be permitted to possess question papers without authorization. Other malpractices, such as selling question papers and aiding candidates during exams, will also be penalized.

Printing of question papers for examinations can now only be conducted in government authorized presses, as per a new regulation.

The bill applies to all government examinations, including Assam Public Service Commission (APSC), Gauhati High Court, State Level Recruitment Commission (SLRC) direct recruitment for Grade III and IV examinations, among others. The rule will also extend to HSLC, Assam Higher Secondary Education Council (AHSEC), Teacher Eligibility Test (TET) examinations, and more.

Statement of Object and Reasons: The proposed bill seeks to provide robust measures to prevent and curb the offenses related to the leakage of question papers and the use of unfair means in public examinations for recruitment under the State Government, including autonomous bodies, authorities, boards, or corporations. Key provisions include restricting police officers below the rank of Deputy Superintendent from investigating these offenses and designating Special Courts for their trial.
Financial Memorandum: The bill ensures no financial implications.

Memorandum Regarding Delegated Legislations:

1.    Clause 10(1) empowers the Government to punish examinees offering unauthorized help, with imprisonment up to three years and a fine of at least one lakh rupees.
2.    Clause 10(2) empowers the Government to punish anyone involved in leaking, procuring, or selling question papers, with imprisonment ranging from 5 to 10 years or a fine between 10 lakh to 10 crore.
3.    Clause 11 allows the Government to debar examinees convicted under the bill for two years.
4.    Clause 12 empowers the court to order the recovery of wrongful gains from organized crime.
5.    Clause 13 allows the Government to make those found guilty pay examination-related costs and expenditures determined by the Special Court, with a permanent ban.
6.    Clause 16 designates a Police Officer not below the rank of Deputy Superintendent to investigate offenses.
7.    Clause 17 empowers the Government, in consultation with the Chief Justice of Gauhati High Court, to designate Special Courts for the trial of offenses.

The Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024: The preamble states the bill's purpose is to provide effective measures to prevent malpractices and offenses in public examinations for recruitment under the State Government.

Definitions: The bill defines terms like conduct of public examination, examination authority, examination center, examinee, prescribed, public examination, Special Court, State Government, and unfair means.

Prohibition of Use of Unfair Means:
1.    No person shall use any unfair means in the conduct of any public examination.
2.    Clause 3 details various acts considered as unfair means, including taking unauthorized help, leaking question papers, and conducting examinations in non-designated places.
Possession and Disclosure of Question Paper: Clause 4 and 5 outline the prevention of unauthorized possession or disclosure of question papers and answer sheets, emphasizing the responsibility of those engaged in examination work.
Prevention of Leakage by Person Entrusted or Engaged with Examination Work: Clause 6 prohibits any person entrusted with examination work from divulging confidential information or procuring question papers without authorization.
The bill, with a focus on transparency and fairness, is set to strengthen the examination system in Assam, ensuring merit-based recruitment free from malpractices.