Which steps are required for constitutionalisation of a commission? Do you think imparting constitutionality to the national commission for women would ensure greater gender justice and empowerment in India? Give reasons.

GS 2

Indian Polity

2020

15 Marks

Constitutional status transforms statutory bodies into permanent institutional mechanisms with enhanced autonomy and protection. The National Commission for Women (NCW), established under the NCW Act 1990, seeks constitutional recognition to strengthen its mandate for gender justice.

Steps Required for Constitutionalization of a Commission

Constitutional Amendment Process
- Introduction of amendment bill in either House of Parliament under Article 368
- Passage by special majority (50% total membership + 2/3rd present and voting)
- State ratification by at least half of state legislatures if federal structure affected
- Presidential assent for final approval
Structural Framework Definition
- Constitutional provisions outlining composition, tenure, and qualifications
- Clear mandate specification with investigative and enforcement powers
- Financial provisions through Consolidated Fund of India
- Reporting mechanism directly to Parliament established

Benefits of Constitutional Status for NCW

Aspect	Current Statutory Status	Proposed Constitutional Status
Powers	Advisory recommendations	Binding directives and orders
Funding	Executive discretion	Guaranteed constitutional allocation
Autonomy	Limited independence	Complete operational autonomy
Dissolution	Parliamentary act sufficient	Constitutional amendment required

Enhanced Institutional Strength
- Protection against arbitrary dissolution or budget cuts
- Suo moto powers for investigation and intervention
- Direct access to courts for enforcement of recommendations
- Mandatory compliance by state and central governments
Greater Gender Justice Impact
- Binding nature of directives ensuring policy implementation
- Constitutional backing similar to SC/ST Commissions (Articles 338/338A)
- Enhanced coordination with constitutional bodies like State Women Commissions
- Stronger mandate for monitoring 73rd and 74th Amendment provisions

Challenges and Considerations

Implementation Barriers
- Cultural resistance to gender-sensitive policies
- Administrative bottlenecks in enforcement mechanisms
- Need for capacity building and resource enhancement
Federal Concerns
- State government cooperation for effective implementation
- Coordination challenges with existing state machinery
- Balance between central oversight and state autonomy

Constitutional status would significantly strengthen NCW's effectiveness in ensuring gender justice, similar to how NHRC and SC/ST Commissions have enhanced protection mechanisms. This transformation represents a crucial step toward comprehensive women's empowerment and constitutional commitment to gender equality in India.

Answer Length

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