Subject: Indian Polity

The constitutionalization of commissions represents a significant shift from statutory to constitutional status, ensuring greater autonomy and effectiveness in their functioning. The case of the National Commission for Women (NCW) presents an important opportunity to examine this transformation's potential impact on gender justice.

Steps Required for Constitutionalization

• Constitutional Amendment: Requires passage of a bill under Article 368 through special majority in both houses of Parliament.

• Explicit Constitutional Provisions:

  • Defining the commission's composition, powers, and functions within the Constitution.
  • Establishing appointment procedures and tenure security for members.
  • Specifying financial autonomy and reporting mechanisms.

• Legal Framework Revision:

  • Repealing existing statutory provisions.
  • Harmonizing related laws with new constitutional status.
  • Creating new operational guidelines aligned with constitutional mandate.

Benefits of Constitutional Status for NCW

• Enhanced Authority and Independence:

  • Direct constitutional mandate strengthens enforcement powers.
  • Financial autonomy through charges on Consolidated Fund of India.
  • Protection from arbitrary dissolution or modification of powers.

• Stronger Implementation Mechanism:

  • Binding recommendations on government authorities.
  • Power to summon officials and enforce compliance.
  • Direct reporting to Parliament ensuring accountability.

Impact on Gender Justice and Empowerment

• Institutional Strengthening:

  • Greater resource allocation and administrative support.
  • Enhanced coordination with other constitutional bodies.
  • Improved investigation and monitoring capabilities.

• Policy Implementation:

  • Better enforcement of women-centric legislation.
  • Stronger oversight of gender-responsive budgeting.
  • More effective implementation of schemes like Beti Bachao Beti Padhao.

The success of constitutional bodies like the Election Commission and National Human Rights Commission demonstrates how constitutional status enhances institutional effectiveness. Following the model of the 73rd and 74th Constitutional Amendments, which led to 49% women representation in local bodies, constitutionalizing NCW could similarly transform gender justice delivery in India.