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.

Introduction

The constitutionalization of a commission involves granting it a status under the Constitution, ensuring its independence, authority, and accountability. The National Commission for Women (NCW), established under the National Commission for Women Act, 1990, currently functions as a statutory body. However, debates persist on whether elevating it to a constitutional body would enhance its role in achieving gender justice and women’s empowerment, as envisioned under Article 15(3) and Article 39(a) of the Indian Constitution.

Value Addition Block — Key Steps for Constitutionalization

Steps Required for Constitutionalization of a Commission

• Proposal for Amendment: A constitutional amendment bill must be introduced in either House of Parliament under Article 368.
• Drafting the Amendment: The bill should specify the powers, functions, and composition of the commission, ensuring its independence and accountability.
• Parliamentary Approval: The bill must be passed by a special majority in both Houses of Parliament.
• Presidential Assent: The President must give assent to the bill for it to become law.
• Notification and Implementation: The amendment is notified in the Gazette of India, and the commission is formally granted constitutional status.

Implications of Imparting Constitutionality to NCW

Positive Impacts on Gender Justice and Empowerment

• Enhanced Autonomy and Authority: Constitutionality would ensure the NCW’s independence from political interference, enabling it to act decisively on issues like gender-based violence and workplace discrimination.

  • Example: The National Commission for Scheduled Castes (NCSC), a constitutional body, has greater authority in addressing caste-based discrimination.

• Binding Recommendations: A constitutional NCW could make its recommendations binding on the government, ensuring better implementation of policies for women’s welfare.

  • Example: Recommendations on gender budgeting and women’s reservation could gain more traction.

• Judicial Oversight: Constitutionality would allow the NCW to approach the Supreme Court or High Courts directly under Article 32 or Article 226, strengthening its ability to enforce women’s rights.

• Institutional Permanence: Unlike statutory bodies, constitutional bodies cannot be dissolved or altered without a constitutional amendment, ensuring long-term stability.

• Symbolic Value: Elevating the NCW’s status would signal the government’s commitment to gender justice, inspiring greater public trust and awareness.

Challenges and Limitations

• Structural and Functional Gaps: Merely granting constitutional status may not address the NCW’s existing issues, such as inadequate funding, lack of investigative powers, and limited outreach.

  • Example: The National Human Rights Commission (NHRC), despite being a statutory body, faces similar challenges.

• Overlapping Jurisdictions: A constitutional NCW may face conflicts with other bodies like the State Women’s Commissions or the judiciary, leading to inefficiencies.

• Political Will: The effectiveness of any commission depends on the government’s willingness to act on its recommendations, irrespective of its status.

• Resource Constraints: Without adequate financial and human resources, even a constitutional NCW may struggle to fulfill its mandate.

Way Forward

• Strengthening Existing Framework: Before constitutionalization, the NCW’s statutory powers should be expanded to include investigative authority, quasi-judicial powers, and direct access to courts.
• Capacity Building: Adequate funding, skilled personnel, and technological support should be ensured to enhance the NCW’s effectiveness.
• Collaborative Approach: The NCW should work closely with other constitutional bodies, civil society, and state commissions to avoid jurisdictional overlaps.
• Public Awareness: Campaigns to educate women about their rights and the NCW’s role can amplify its impact.

Conclusion

While imparting constitutional status to the NCW could enhance its autonomy, authority, and symbolic value, it is not a panacea for achieving gender justice and women’s empowerment. A holistic approach, combining constitutionalization with structural reforms and resource augmentation, is essential to realize the constitutional vision of equality and dignity for women under Articles 14, 15, and 21.