GS Question

The steps required for constitutionalization of a commission may vary depending on the country and its legal framework. However, generally, the following steps are involved:

1. Constitutional Amendment: The first step is to amend the constitution to recognize and provide a legal foundation for the commission. This amendment may specify the creation, purpose, powers, and composition of the commission.

2. Legislative Framework: After the constitutional amendment, a specific law should be enacted to provide detailed provisions regarding the functioning, appointment process, powers, and duties of the commission.

3. Appointment Process: A transparent and independent process for appointing the members of the commission should be established. The process should ensure diversity, expertise, and independence of the members.

4. Operational Independence: The commission should enjoy operational independence in order to fulfill its mandate effectively. This includes financial autonomy, freedom to make decisions, and protection from political interference.

5. Powers and Functions: The commission should be empowered with adequate authority, functions, and enforcement mechanisms to ensure its effectiveness in promoting gender justice and empowerment.

6. Reporting and Accountability: The commission should be required to periodically report on its activities to the appropriate authorities, ensuring transparency and accountability.

Now, coming to the second part of the question, whether imparting constitutionality to the National Commission for Women (NCW) would ensure greater gender justice and empowerment in India, it can be argued that constitutionalization can lead to significant improvements. The reasons for this are:

1. Legally Protected Mandate: By constitutionalizing the commission, its mandate to protect and promote women's rights becomes legally protected. This provides a stronger foundation for the commission's work and ensures that its goals and objectives are upheld.

2. Enhanced Authority and Independence: A constitutional status grants the commission enhanced authority, powers, and independence. This can enable it to carry out investigations, recommend policy changes, and have a greater impact on issues related to gender justice and empowerment.

3. Fostering Public Confidence: Constitutional recognition of the commission instills public confidence and trust in its role as a protector of women's rights. This can lead to increased support, resources, and cooperation from both the government and society.

4. Access to Resources: Constitutionality may lead to improved funding and resource allocation for the commission, enabling it to carry out its functions more effectively. This is crucial for addressing gender injustices and promoting the empowerment of women.

However, it is important to note that constitutionalization alone may not be sufficient to ensure greater gender justice and empowerment. The implementation of the constitutional provisions, political will, public awareness, and effective coordination with other government bodies are also essential.