GS 2 · 2020Indian Polity15 Marks

Q6.Which steps are required for constitutionalisation 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.

Directive: Give reasons15 marks

Introduction

The National Commission for Women (NCW), a statutory body, is vital for women's rights. Constitutionalisation could significantly enhance its role in promoting gender justice and empowerment.

Body

Steps for Constitutionalisation of a Commission

Constitutionalisation requires an amendment under Article 368 to embed the commission, explicitly defining its powers and functions. This necessitates parliamentary approval, typically by a special majority.

Constitutionalising NCW: Ensuring Greater Gender Justice and Empowerment

Constitutional status for NCW would ensure greater gender justice and empowerment by:

  • Enhanced Autonomy: Ensuring independence from executive interference, making recommendations more authoritative.
  • Financial Independence: Securing dedicated budgetary allocations, reducing reliance on government grants.
  • Greater Authority: Empowering stronger legal backing for investigating violations and enforcing women's rights.
  • Policy Advocacy: Elevating its voice in policy-making for gender-sensitive legislation.
  • Increased Impact: Fostering better coordination with state machinery for wider reach and grievance redressal.
  • Protection from Political Interference: Shielding the commission from political pressures for impartial operation.
Limitations of Constitutionalisation Alone

However, constitutional status alone is not a panacea. Its effectiveness also depends on:

  • Political Will: Government commitment to implement recommendations.
  • Adequate Funding: Sufficient financial and human resources.
  • Effective Leadership: Appointment of competent, independent individuals.
  • Societal Change: Addressing patriarchal norms through continuous social reforms.

Conclusion

Constitutionalising NCW would provide a robust framework, strengthening its capacity to protect women's rights. Yet, its true impact hinges on political commitment, adequate resources, and societal transformation.

224 words · target ~250