Uttar Pradesh Public Examination (Prevention of Unfair Means) | 26 Jun 2024

Why in News?

Recently, the Uttar Pradesh government passed the proposal for promulgation of an Ordinance that provides for jail terms ranging from two years to life imprisonment, and fines of up to Rs 1 crore for those involved in question paper leaks.

Key Points

  • The Uttar Pradesh Public Examination (Prevention of Unfair Means) Ordinance has made all offences cognizable and non-bailable.
    • The offences will be tried by sessions courts and will be non-compoundable, with strict provisions for bail.
  • The Ordinance covers exams conducted by Uttar Pradesh Public Service Commission, UP Subordinates Service Selection Board, UP Board, state universities, and authority, bodies, or agencies nominated by them.
    • It will also cover exams for regularisation and promotion in government jobs.
  • The Ordinance also punishes distributing fake question papers and creating fake employment websites.
    • Allows for blacklisting companies and service providers found guilty of adversely affecting examinations.
    • If an exam is affected, the financial burden will be recovered from those involved.

Ordinance

  • It is a decree or law promulgated by a State or Central government when the legislature or parliament is not in session.
  • The legislative power to issue ordinances is in the nature of an emergency power given to the executive only to meet an emergent situation.
  • Constitutional Provisions in Relation to Ordinances:
    • Article 123 of the COI authorises the President to issue Ordinances during Parliament's break, while Article 213 empowers Governors to issue Ordinances when the legislature is not in session.

Cognisable Offences

  • In cognisable offences, an officer can take cognizance of and arrest a suspect without seeking a court’s warrant to do so, if he/she has “reason to believe” that the person has committed the offence and is satisfied that the arrest is necessary on certain enumerated bases.
  • Within 24 hours of the arrest, the officer must have detention ratified by a judicial magistrate.
  • According to the 177th Law Commission Report, cognisable offences are those that require an immediate arrest.
  • Cognisable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc.
  • The First Information Report (FIR) is registered only in cognisable crimes.

Non-Bailable Offences

  • Any offence not mentioned as bailable under the First Schedule of CrPC or any other law is considered as non-bailable offence.
  • A person accused of a non-bailable offence cannot claim bail as a right. Section 437 of CrPC provides for when bail may be taken in case of non-bailable offence.