Why India's Legislation Against Exam Cheating Might Face Challenges

India's parliament has approved a stringent new law aimed at curbing cheating in government job exams and admissions to public colleges. The Public Examinations (Prevention of Unfair Means) Act, 2024, passed on Tuesday, imposes a three to 10-year jail term for those aiding cheating, along with fines ranging from 1 million rupees ($12,040; £9,551) to 10 million rupees.

Crucially, the law doesn't directly penalize exam takers; instead, their punishments will be determined by the regulations set by their respective testing authorities.
Applicable to most exams conducted by the federal government and its testing agencies, the law deems all offenses non-bailable and subject to investigation by senior police officials.

This legislation was prompted by the rampant issue of paper leaks and cheating in competitive exams, a long-standing problem in the education system that has caused disruptions, delays, and demoralization among students. Despite certain states enacting laws to tackle these issues, malpractices persist, affecting millions of applicants. While acknowledging the importance of such legislation, experts express concerns about the sufficiency of deterrents and enforcement by law agencies.

What constitutes a "public examination" as defined in the Bill?

According to Section 2(k), a "public examination" encompasses any examination conducted by a "public examination authority" listed in the Schedule of the Bill, or any "such other authority as may be notified by the Central Government." The schedule identifies five public examination authorities:

(i) The Union Public Service Commission (UPSC), responsible for conducting the Civil Services Examination, Combined Defence Services Examinations, Combined Medical Services Examination, Engineering Services Examination, and more.

(ii) The Staff Selection Commission (SSC), tasked with recruiting for Group C (non-technical) and Group B (non-gazetted) positions in the central government.

(iii) The Railway Recruitment Boards (RRBs), responsible for recruiting Groups C and D staff in the Indian Railways.

(iv) The Institute of Banking Personnel Selection (IBPS), responsible for hiring at all levels for nationalized banks and regional rural banks (RRBs).

(v) The National Testing Agency (NTA), responsible for conducting exams such as JEE (Main), NEET-UG, UGC-NET, the Common University Entrance Test (CUET), and others.