Q.20  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.‍ 

Model Answer: 

Introduction

In India, the process of constitutionalizing a commission involves embedding it within the Constitution to grant it a formal status and specific powers. 

The National Commission for Women (NCW), established to address issues related to women's rights and gender justice, could benefit from such constitutional status. 

Body

Steps for Constitutionalizing a Commission

• Drafting an Amendment Proposal: The first step involves drafting a proposal to amend the Constitution. This draft would outline the need for the commission's constitutional status, its powers, functions, and the mechanism for its operation.
• Approval by the Union Cabinet: The draft amendment proposal must be approved by the Union Cabinet. This involves discussions and endorsements from various government departments and stakeholders to ensure the proposal is comprehensive and addresses all necessary aspects.
• Introduction in Parliament: Once approved by the Cabinet, the proposal is introduced in Parliament as a Constitutional Amendment Bill. This bill must be debated and passed by both houses of Parliament: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
• Ratification by States: For a constitutional amendment, it must be ratified by at least half of the state legislatures. Each state legislature must debate and approve the amendment.
• Presidential Assent: After receiving the requisite approval from Parliament and state legislatures, the amendment bill is sent to the President for assent. Once the President signs the bill, it becomes a part of the Constitution.
• Implementation: Following the amendment's enactment, the provisions related to the commission are implemented. This includes setting up the necessary administrative structures and processes to operationalize the commission as per its new constitutional status.

Impact of Constitutionalizing the National Commission for Women

• Enhanced Authority and Independence: Constitutionalizing the NCW would solidify its authority and independence. As a constitutional body, the NCW would have greater security and autonomy, which can lead to more effective oversight and advocacy for women's issues without undue influence from the executive branch.
• Strengthened Legal Framework: A constitutional status would provide the NCW with a stronger legal framework to address women's rights violations. It would empower the commission to recommend legislative changes and ensure the enforcement of laws related to gender justice.
• Increased Accountability: With constitutional status, the NCW would be subject to higher levels of accountability. It would have to operate within the constitutional framework and be answerable to Parliament, which could lead to more rigorous monitoring and evaluation of its activities.
• Greater Public Trust: Constitutional recognition can enhance the credibility and legitimacy of the NCW. It would signal a serious commitment to gender equality and could foster greater public trust and engagement with the commission’s work.
• Improved Resources and Support: Constitutional status could facilitate better allocation of resources and support for the NCW. It may also ensure sustained funding and infrastructure necessary for the commission to carry out its mandate effectively.

Conclusion

Constitutionalizing the National Commission for Women represents a significant step towards reinforcing gender justice and empowerment in India. However, the success of such a move would also depend on the effective implementation of its expanded mandate and the continued commitment of both the government and society to gender equality. 

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