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Question #15

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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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.

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Steps for Constitutionalization of a Commission:

Constitutionalization of a commission involves incorporating it into the Constitution of a country, granting it legal and political legitimacy, and ensuring its permanence. The steps generally involve:

  1. Legislative Proposal: A bill proposing the constitutional amendment must be introduced in the legislature, usually by the government.
  2. Parliamentary Debate: The bill undergoes thorough debate and scrutiny by members of parliament, including consideration of its implications for existing laws and structures.
  3. Majority Vote: The bill requires a majority vote in both houses of parliament (or a single house, depending on the country's structure).
  4. Presidential Approval: In many countries, the bill needs the president's assent to become law.
  5. Amendment of the Constitution: The amendment is formally incorporated into the Constitution, establishing the commission as a constitutional body.

Constitutionality and the National Commission for Women (NCW) in India:

While imparting constitutionality to the NCW might seem like a positive step towards achieving gender justice and empowerment, it's a complex issue with potential benefits and drawbacks:

Arguments for Constitutionalization:

  • Enhanced Legal Status: Constitutional status would elevate the NCW to a higher legal standing, giving it greater authority and power to enforce its recommendations.
  • Increased Independence: Being enshrined in the constitution could potentially reduce political interference and ensure the commission's independence from the government's whims.
  • Long-Term Security: Constitutionalization would guarantee the NCW's existence and prevent its dissolution by a changing government.
  • Greater Public Trust: A constitutional body enjoys higher public trust and legitimacy, potentially leading to increased cooperation and participation in its initiatives.

Arguments against Constitutionalization:

  • Increased Bureaucracy: Constitutionalization might lead to a more rigid and bureaucratic structure, hindering the NCW's agility and flexibility in responding to evolving needs.
  • Limited Scope: The constitution may not adequately address all the challenges faced by women, potentially limiting the NCW's mandate and effectiveness.
  • Potential for Overreach: Greater power and authority could lead to overreach or abuse of power, undermining the commission's credibility and legitimacy.
  • Political Hurdles: Constitutional amendments are complex and time-consuming processes, facing potential political hurdles and delays.

Conclusion:

While constitutionalizing the NCW might offer some advantages, it's crucial to consider the potential drawbacks and explore alternative strategies that could achieve the desired objectives. Strengthening the NCW's existing powers, providing adequate funding, and ensuring its independence from political influence are crucial steps towards achieving greater gender justice and empowerment in India. A well-functioning, independent, and adequately resourced NCW, even without constitutional status, could significantly contribute to women's rights and empowerment.

Ultimately, the decision to constitutionalize the NCW should be based on a thorough analysis of its potential benefits and risks, taking into account the specific context and needs of India.

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Constitutionalization of a commission involves giving it constitutional status, making it a part of the constitution, and ensuring its independence, autonomy, and permanence. The following steps are required for constitutionalization of a commission:

  1. Amendment to the Constitution: A constitutional amendment is required to give constitutional status to the commission. This involves introducing a bill in Parliament, which needs to be passed by a two-thirds majority in both the Lok Sabha and Rajya Sabha.
  2. Definition of Powers and Functions: The constitution should clearly define the powers and functions of the commission, ensuring its autonomy and independence.
  3. Appointment and Removal Process: The constitution should specify the process of appointment and removal of members, ensuring transparency, accountability, and protection from political interference.
  4. Financial Autonomy: The commission should have a separate budget and financial autonomy to ensure it can function independently without relying on government funds.

Regarding imparting constitutionality to the National Commission for Women (NCW), I believe it would ensure greater gender justice and empowerment in India for several reasons:

  1. Independence and Autonomy: Constitutional status would protect the NCW from political interference, allowing it to function independently and take bold decisions without fear of government reprisal.
  2. Permanence: Constitutionalization would ensure the NCW's permanence, preventing its dissolution or abolition by subsequent governments.
  3. Enhanced Credibility: Constitutional status would enhance the NCW's credibility and legitimacy, giving it greater authority to address gender-related issues and promote women's empowerment.
  4. Strengthened Institutional Framework: A constitutional NCW would provide a stronger institutional framework for addressing gender-based discrimination, violence, and inequality, leading to more effective implementation of gender-sensitive policies and programs.
  5. Increased Accountability: Constitutionalization would increase accountability within the government and other stakeholders to address gender-related issues, leading to greater responsiveness to women's concerns and needs.
  6. Protection of Women's Rights: A constitutional NCW would provide a safeguard for women's rights, ensuring that their interests are protected and promoted in all aspects of life, including education, employment, health, and politics.
  7. Improved Access to Justice: Constitutional status would facilitate greater access to justice for women, enabling them to seek redressal for violation of their rights and challenges faced in accessing education, healthcare, and economic opportunities.

However, it is crucial to ensure that the constitutionalization process is accompanied by:

  1. Robust Accountability Mechanisms: Effective accountability mechanisms should be put in place to prevent abuse of power and ensure transparency within the NCW.
  2. Diverse Representation: The NCW should have diverse representation, including women from various castes, classes, religions, and regions, to ensure that all women's voices are heard and represented.
  3. Adequate Resources: The NCW should have adequate resources, including financial and human resources, to effectively discharge its responsibilities and promote gender justice and empowerment.

In conclusion, imparting constitutionality to the National Commission for Women would undoubtedly ensure greater gender justice and empowerment in India by providing a stronger institutional framework, independence, and autonomy to address gender-related issues and promote women's rights.