Q.Which steps are required for constitutionalization 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.

Syllabus Point

• Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

Approach

• Introduction (30-40 words): Define constitutionalization of a commission and explain its importance.

• Body (80-90 words): Steps for Constitutionalization, Impact of Constitutionalizing NCW on Gender Justice, and Challenges and Limitations.

• Conclusion (20 words): Summarize the potential benefits of constitutionalizing the NCW.

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Model Answer

Introduction

Constitutionalization refers to the process of granting constitutional status to a body or commission through an amendment under Article 368. This elevates its authority, autonomy, and protection, deriving its powers directly from the Constitution rather than an ordinary statute.

graph LR
PG["Proposal by the Government"] --> DCAB["Drafting a Constitutional Amendment Bill"]
DCAB --> IP["Introduction in Parliament"]
IP --> PSM["Passage by Special Majority"]
PSM --> PA["Presidential Assent"]

Steps Required to Constitutionalize a Commission

• Constitutional Amendment Bill: A bill must be introduced under Article 368 of the Constitution.

• Special Majority: The bill must be passed in each House of Parliament by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.

• Presidential Assent: Upon receiving the assent of the President, the Constitution stands amended.

• Example: The 102nd Constitutional Amendment Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Articles 338B and 342A.

Benefits of Granting Constitutional Status to the National Commission for Women (NCW)

• Civil Court Powers: It would equip the NCW with the powers of a civil court, enabling it to summon witnesses, requisition public records, and investigate grievances more effectively.

• Mandatory Tabling of Reports: Parliament would be constitutionally mandated to discuss the NCW's annual reports, ensuring greater political accountability and visibility for women's issues.

• Enhanced Autonomy: It would provide the Commission with greater operational and financial independence to regulate its own procedures free from executive interference.

Challenges and Limitations

• Advisory Nature: The experience of other constitutional bodies (like NCST or NCBC) shows that their recommendations remain largely advisory and are not legally binding on the government.

• Lack of Adjudicatory Power: These commissions are not judicial bodies and cannot issue binding orders or bypass the established judicial hierarchy.

Conclusion

Granting constitutional status to the NCW would be a significant step toward advancing gender justice and empowerment in India. However, true empowerment will require addressing systemic implementation gaps and ensuring the executive acts on the Commission's recommendations.