·The Hindu·15 marks·250–350 wordsPolityEconomy

Examine the effectiveness of the Public Examinations (Prevention of Unfair Means) Act, 2024 in curbing malpractice in competitive examinations.

In this answer
  1. Areas of effectiveness
  2. Limitations exposed

Enacted after the 2024 NEET-UG leak, the Public Examinations (Prevention of Unfair Means) Act, 2024 is India's first central law criminalising organised malpractice in recruitment and entrance tests [1]. Two years on, its record shows strong deterrent design but weak preventive capacity.

Areas of effectiveness

  • Legal clarity and deterrence: minimum three to five years' imprisonment for cheating, and five to ten years plus a minimum ₹1 crore fine for organised malpractice, replacing the earlier patchwork of state laws [1].
  • Wide coverage: extends to UPSC, SSC, Railways, banking recruitment and all computer-based NTA examinations including NEET, JEE and CUET [1].
  • Candidate protection: aspirants are shielded; liability is fixed on gangs and service providers, correcting the earlier tendency to penalise examinees.
  • Enabled central enforcement: the CBI registered the NEET-UG 2026 case on a Ministry of Education complaint and arrested the alleged kingpin and multiple accused across six cities [2].

Limitations exposed

  • Recurrence despite law: the 2026 NEET-UG leak proves punishment did not prevent breach.
  • Insider capture: those arrested included NTA-appointed subject experts with legitimate access to question papers [3] — a vulnerability no penal clause addresses.
  • Post-facto design: the Act mandates no security audit, paper-setting protocol or institutional reform of the NTA; centralised testing remains a single point of failure.
  • Procedural drift: no statutory timelines for investigation or trial meant slow prosecution diluted deterrence [4].
  • Loss of credibility bites harder because youth (15–29) unemployment stood at 9.9% in 2025 [6], making each exam existential.

Corrective turn The Public Examinations (Amendment) Bill, 2026 raises organised-crime punishment to seven to ten years and fines up to ₹10 crore, extends service-provider debarment from four to eight years, and for the first time caps investigation at two months and trial at three, with a dedicated Special Task Force [4][5].

The 2024 Act built credible legal architecture but under-invested in prevention. Its effectiveness will ultimately rest less on sentence length than on hardening examination processes — secure question-paper cycles, decentralised item banks, vetting of insiders and swift conviction. Coupled with the 2026 amendments, the law can restore examination integrity as a guarantee of the equality of opportunity promised under Article 16.

Sources

  1. 1Rajya Sabha passes 'The Public Examinations (Prevention of Unfair Means) Bill, 2024', PIBscope, penalties, candidate protection
  2. 2CBI arrests Kingpin in NEET-UG 2026 Paper Leak Case, PIBCBI case registration and arrests
  3. 3NEET-UG 2026 Leak Probe: CBI Nabs NTA Expert from Pune, PIBNTA-appointed experts as leak source
  4. 4The Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, PRS Legislative Researchenhanced penalties, STF, investigation and trial timelines
  5. 5Rajya Sabha Passes Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, PIBpassage of the amendment
  6. 6Periodic Labour Force Survey (PLFS) Annual Report, 2025, MoSPI/PIByouth unemployment rate 9.9% in 2025
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