UPSC Mains Answer: Which steps are required for constitutionalization ofa Commission ? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India ?

Difficulty Level: Medium

Sub-category: Polity and Governance (Constitutional and Statutory Bodies)

Introduction

The constitutionalization of a Commission entails elevating its status by incorporating it into the Constitution of India, thereby granting it greater authority, autonomy, and permanence. The National Commission for Women (NCW), established in 1992 under the National Commission for Women Act, is a statutory body aimed at safeguarding womens rights. However, imparting constitutional status to it could significantly enhance its efficacy in promoting gender justice and empowerment.

Body

Steps for Constitutionalization:
1. Parliamentary Approval: A constitutional amendment bill must be introduced and passed by a two-thirds majority in both Houses of Parliament.
2. Ratification by States: The amendment must be ratified by at least half of the state legislatures, as per Article 368 of the Constitution.
3. Presidential Assent: The President must give assent to the amendment bill, thereby incorporating the Commission into the Constitution.
4. Inclusion in the Constitution: The Commission’s composition, functions, and powers must be explicitly defined in a new or existing constitutional provision, such as Part XIV-A (Tribunals) or a dedicated schedule.

Impact on Gender Justice

1. Enhanced Authority: Constitutional status would empower the NCW to issue binding recommendations and ensure compliance by state and non-state actors.
2. Greater Autonomy: It would insulate the Commission from political interference, allowing it to function independently.
3. Permanence and Stability: Unlike statutory bodies, constitutional bodies enjoy greater stability, ensuring continuity in addressing gender issues.
4. Judicial Recourse: Constitutional status would enable the NCW to approach the Supreme Court directly under Article 32 for the enforcement of women’s rights.
5. Symbolic Significance: It would signal the state’s commitment to gender justice, fostering societal attitudinal changes.

Challenges

While constitutionalization is a step forward, its success depends on effective implementation, adequate funding, and societal cooperation. Mere legal elevation without grassroots action may not suffice.

Conclusion

Constitutionalizing the NCW would be a transformative step toward gender justice, providing it with the necessary tools to combat systemic discrimination. However, it must be complemented by robust policy measures, awareness campaigns, and societal reforms to achieve holistic empowerment of women in India.