The story so far: The Bihar Assembly on Wednesday passed a Bill aimed at tackling question paper leaks and other malpractices in government recruitment examinations. The Bihar Public Examinations (Prevention of Unfair Means) Bill, 2024, was tabled by State Parliamentary Affairs Minister Vijay Kumar Chaudhary and passed with a voice note amidst a walkout by the Opposition.
In recent months, the Bihar government has come under increased scrutiny following an ongoing CBI investigation that revealed that gangs operating in the State were responsible for leaking the question paper of the NEET-UG 2024 medical entrance examination. The Bihar Police, Economic Offences Unit (EOU), and CBI have arrested several individuals in connection with the case.
Under the proposed law, all offences are set to be cognizable and non-bailable, with stringent punishments prescribed for those found guilty of malpractices. These penalties include imprisonment ranging from 3 to 5 years and a fine of ₹ 10 lakh. Addressing the House, Mr. Choudhary said that the Bill was “in line” with the central law — the Public Examinations (Prevention of Unfair Means) Act, 2024. The newly enacted central legislation addresses the mounting irregularities in public examinations by prescribing imprisonment ranging from 5 to 10 years and a minimum fine of ₹ 1 crore for cases of organised crime. Other States such as Jharkhand, Uttarakhand, Gujarat and Rajasthan have introduced similar laws in the recent past.
Repeated paper leaks
Bihar has been no stranger to paper leaks which have caused several government recruitment exams to be cancelled. Most recently, the Bihar Public Service Commission (BPSC) had to cancel the Teacher Recruitment Exam (TRE 3.0) that was originally scheduled for March due to an alleged leak. The exam was rescheduled and conducted again earlier this month.
Also Read:9 held in Bihar for impersonating Teachers Recruitment Exam candidates
Last year, the question paper of the Bihar Constable Recruitment Examination 2023 went viral on social media leading to a cancellation of the exam. Similarly, in 2022, the 67th Combined (Preliminary) Competitive Examination (CCE) was cancelled by the BPSC due to a paper leak.
What does the law entail?
Under the legislation, individuals found guilty of malpractices can face a prison term of 3 to 5 years and a penalty of ₹10 lakh. Agencies responsible for administering these tests, known as service providers, may face a penalty of ₹1 crore, a suspension of their services for up to 4 years, and even the seizure of assets in cases of organised crime. Additionally, a portion of the total cost of conducting such examinations will also be recovered from the offending service providers.
All offences are cognizable and non-bailable, and investigations into paper leaks will now be conducted by officers of the rank of Deputy Superintendent of Police (DSP).
“Prime Minister Narendra Modi has implemented the law at the national level and now the Bihar government is also going to implement the law. Earlier, the law in Bihar in 1981 had the punishment of six months. This time we have made a strict law. Those involved in the mischief will be sentenced to 3 to 5 years and fined up to ₹10 lakhs. There is a punishment and fine up to ₹1 crore for those who commit crime in an organised manner,” Mr. Chaudhary said in the Assembly.
Other States
Following the leak of the question paper for the Rajasthan Eligibility Examination for Teachers, which was sold for over ₹1 crore, the Assembly enacted the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill last year. Similar to Bihar’s law, it covers all recruitment exams within its ambit — those conducted by the State government as well as those managed by independent agencies. Cheating by an examinee can lead to imprisonment for up to 3 years and a minimum fine of ₹1 lakh. Service providers and individuals involved in a conspiracy to cheat face prison terms of 5 to 10 years and fines ranging from ₹10 lakh to ₹1 crore. Additionally, those convicted are debarred from taking future exams for 2 years.
During the Supreme Court proceedings, the CBI disclosed that the NEET-UG question paper had been leaked in Hazaribagh, Jharkhand. The State has recently been plagued by a series of paper leaks.The Jharkhand Staff Selection Commission’s preliminary exam for junior engineers was cancelled after authorities discovered that question papers had been sold for ₹15 lakh to ₹20 lakh. This led to the enactment of the Jharkhand Competitive Examination (Measures for Control and Prevention of Unfair Means in Recruitment) Act, 2023. Under this legislation, examinees caught cheating can face up to 3 years of imprisonment for first offences and up to 7 years for repeat offences, along with fines. Service providers implicated in cheating, including printing presses and examination authorities, can face life imprisonment and fines up to ₹10 crore. If convicted, an examinee may be banned from future exams for 10 years, with a lifetime ban imposed for repeat offenders. The Act also authorises the search and seizure of property if an individual is suspected of being involved in cheating or in possession of proceeds from the crime.
In March last year, Uttarakhand introduced the Uttarakhand Competitive Examination (Measures For Control and Prevention of Unfair Means in Recruitment) Act, following protests over alleged irregularities in the Uttarakhand Subordinate Services Selection Commission exams. Examinees caught cheating face up to 3 years in prison and a minimum fine of ₹5 lakh for a first offence. For a second offence, the penalty increases to up to 10 years in prison and a minimum fine of ₹10 lakh. Additionally, service providers found using unfair means or individuals conspiring with examination authorities face imprisonment ranging from 10 years to life, along with fines between ₹1 crore and ₹10 crore.
This Act, however, imposes a ban on examinees from participating in State competitive examinations for 2 to 5 years upon the filing of a chargesheet, rather than waiting for a conviction. This could undermine the presumption of innocence of accused candidates, potentially denying them the opportunity to take the examination even if they are ultimately found innocent.
Also Read: The menace of paper leaks in Gujarat
Since 2015, Gujrarat has failed to conduct a single government recruitment exam without a paper leak controversy. To deal with the menace, the State government enacted the Gujarat Public Examination (Prevention of Unfair Methods) Act in February last year, covering all exams administered by public service commissions, high courts, State-funded universities and education boards. While examinees found guilty of malpractices face up to 3 years in prison and a fine of Rs ₹ 1 lakh, service providers have to serve 5 to 10 years in prison along with a fine between ₹ 10 lakh and ₹ 1 crore. Additionally, those found conspiring with examination authorities face 7 to 10 years in prison and a minimum fine of ₹ 1 crore. Unlike the Uttarakhand law, candidates are barred from taking examinations for only two years upon conviction.
The Haryana Public Examination (Prevention of Unfair Means) Act, in force since 2021, stipulates a 10-year prison sentence for offenders and permits the attachment of their property to recover fines. Additionally, it imposes a seven-year prison term and a minimum fine of ₹1 lakh for any person entrusted with conducting public exams who contravenes, attempts to contravene, or abets the contravention of any provisions of the Act.
Criticism
Addressing the Opposition walkout during the passage of the Bill, RJD MLA and former minister Lalit Yadav told the media, “We did not participate in the passage of the Bill, though we had moved amendments. When the government was not ready to listen to our demand on reservations, there was no point in participating in the debate on the bills. The Chief Minister was speaking about what he wanted to do, but what we were highlighting was what he could not do.” The Opposition’s grievance stemmed from the non-implementation of a law that enhanced caste-based reservations from the existing 50% to 65% before it was struck down by the Patna High Court earlier this year.
Despite the existence of State-specific laws to check unfair practices, their ability to act as a deterrent continues be suspect. For instance, Uttar Pradesh experienced nine paper leaks from 2017 to 2024, despite the passage of a law as early as 1998.
To remedy this, States may need to look into the integrity of their recruitment agencies and prioritise hiring qualified professionals rather than relying on ruling party functionaries. According to Gujarat Congress spokesperson Manish Doshi, who has been tracking recruitment exams conducted by various State entities, all agencies recruiting the staff are corrupt. “In Gujarat, people linked to the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP) are appointed heads of various recruitment agencies. They are involved in the rigging. All recruitment agencies are epicentres of corruption in the State,” Mr. Doshi told The Hindu earlier.
