Which steps are required for constitutionalization of a Commission ? Do you think imparting…

Question

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.

Ghissu Editorial · Accepted Answer

Constitutionalising the National Commission for Women needs a special-majority amendment inserting an Article on the model of Article 338, but status alone would not ensure gender justice. The NCSC, despite its constitutional status, still only recommends, so autonomy and responsive police and courts matter more.

**Introduction**

Commissions for Scheduled Castes, Scheduled Tribes and Backward Classes (Articles 338, 338A, 338B) are constitutional, while the National Commission for Women is statutory under the NCW Act, 1990. Its elevation raises questions of procedure and of real impact.

**Steps to Constitutionalise a Commission**

SKETCH: flow | Constitutionalising a Commission
- Draft amendment bill
- Special majority, both Houses
- President's assent
- New Article inserted
- NCW Act aligned

1. **Amendment under Article 368**: The bill needs a special majority in each House; state ratification is not required, as with the 102nd Amendment (2018) for the NCBC.
2. **Content of the new Article**: Like Article 338, it should fix composition, appointment, tenure, functions, civil-court powers and mandatory consultation with governments.
3. **Accountability and transition**: Reports go before Parliament with an action-taken memorandum, and the NCW Act is amended to carry over staff and cases.

**Would Constitutional Status Deliver Gender Justice**

1. **Security of tenure**: Protected tenure would shield members from executive pressure.
2. **Weight of advice**: Mandatory consultation would oblige ministries to explain why they reject its advice.
3. **Few new teeth**: The NCW already has civil-court powers under Section 10(4), and the NCSC, despite its constitutional status, still issues only recommendations.
4. **Justice lies downstream**: Low convictions and uneven PoSH Act committees are failures of police, courts and workplaces.

**Way Forward**

1. **Functional autonomy**: A separate budget, its own staff and a bipartisan selection panel would make independence real.
2. **Time-bound response**: Ministries should file action-taken reports within fixed deadlines, reviewed by Parliament.

**Conclusion**

Constitutional status would strengthen the NCW's voice but would not by itself ensure gender justice, as the NCSC's record shows. With autonomy and responsive institutions, it can make Article 15(3) a lived reality and advance SDG 5.

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.

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