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. (UPSC IAS Mains 2020 General Studies Paper – 2)
Constitutionalisation involves the attempt to subject governmental action within a designated field to the structures, processes, principles, and values of the ‘Constitution’.
Steps to Constitutionalise a Commission
- Constitutionalisation of a Commission will require the passing of a Constitutional Amendment Bill under Article 368.
- The Bill is passed in each House by a majority of the total membership of that House present and voting.
- After receiving the assent of the President the Constitution shall stand amended in accordance with the terms of the Bill.
- Example: 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC). The Act inserted new Articles 338 B and 342 A.
Benefits of Imparting Constitutional Status the National Commission for Women (NCW)
- Power of Civil Court: It will provide the National Commission for Women (NCW) with the power of a Civil Court enabling NCW to safeguard women’s interest more effectively.
- Mandatory Tabling of Reports: Constitutional status will make the discussion of NCW reports by Parliament binding, thus enhancing the reach of women’s voice.
- Autonomy: It will provide NCW greater autonomy to act and regulate its own procedures.
However, if we study the functioning of other Constitutional bodies like NCST or NCBC the reality projects a different picture.
- Advisory Role: Their recommendations are advisory and they cannot issue binding directions or injunction orders and their reports could not be mandatorily enforced and executed.
- Adjudicatory Role: The Commissions are not adjudicatory bodies and their orders are not an alternative to the hierarchical judicial system envisaged under the Constitution.
- Other Constraints: Inadequate funds and manpower, political interference are the limitations that reduce the effectiveness of Commissions.
Granting constitutional status the NCW helps in ensuring greater gender justice and empowerment. But it will also require steps like mandatory execution of injunctions, proper funding and upgrading its status to the adjudicatory body.
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