Table of Contents
Overview of the Bill
The Jharkhand Assembly on Thursday, August 3, passed the Jharkhand Competitive Examination (Measure for Control and Prevention of Unfair Means of Recruitment) Bill, 2023, which carries a severe penalty of life imprisonment and a fine of up to ₹ 10 million, to those who cheat in competitive exams.
The bill was passed on day 5 of the ongoing monsoon session of the state assembly. The opposition Bharatiya Janata Party (BJP) created an chaos in the assembly when the speaker rejected their bill.
Chaos
BJP legislators went to the well and tore a copy of the bill and walked out of Parliament. They compared the bill to the Rowlatt Act and called it the Black Act. The government accepted the proposals of CPI(ML) MLA Binod Singh and Congress MLA Pradeep Yadav to minimize the punishment period if those under investigation are caught cheating.
At the suggestion of the legislators, the government showed leniency in punishing subjects caught with copying. This means that if an examinee is caught copying for the first time instead of three years, the penalty is one year, and if caught a second time, it will be three years instead of seven years.
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Details of the Bill
According to the provision, a first catch will attract a fine of ₹5,000, failure to pay will result in nine months of imprisonment. If he is caught a second time, he will be fined ₹10,000 plus 30 months in jail. If the examinee is convicted, he is not allowed to participate in the competitive examination for 10 years.
CM’s words
Chief Minister Hemant Soren said in parliament, “Our opposition colleagues are looking at this bill seriously and calling it a black law. They should take off their dark glasses. The world is watching what laws the NDA brings. I know about the Delhi Services. Action and related politics. “
He also said that the government is dealing with the elimination of vacant jobs on a large scale, and action will be taken in case of abuses. “One investigation affects thousands of students and people,” Mr. Soren said.
Punishment of institutions
If the printer, the control system performing the inspection, the transporter or the training institution acts in the role of conspiracy, it can be punished by 10 years to life imprisonment according to the law. In addition, a fine of 2-10 million euros was set. Failure to pay the fine will result in a three-year prison sentence.
Minister Alamgir Alam said, “The person under investigation is not liable to imprisonment for 10 years to life and a fine of ₹ 2 to ₹ 10 lakh. It is only for printers, training institutions and others.
Questioning the Bill
BJP MLA Anant Ojha expressed concern as to why the Deputy Commissioner (DC) and Superintendent of Police (SP) were not held accountable. All Jharkhand Students’ Union (AJSU) MLA Lambodar Mahato questioned that, what was the need for a separate law, when the Jharkhand Conduct of Examinations Act, 2001 is already applicable in the state.
The Jharkhand Conduct of Examinations Act, 2001 is a legislation governing the organization and management of examinations in the state of Jharkhand, India. Enforced since 2001, the act aims to ensure fair and transparent conduct of various examinations, including educational and recruitment tests, to maintain the integrity of the evaluation process and curb malpractices.
Some of the BJP legislators questioned how an examinee can be punished so much if he is caught cheating. Concerns were also raised about arresting the subject without a warrant.