Model Answer
0 min readIntroduction
The concept of constitutionalizing a body involves elevating its status by incorporating it directly into the Constitution of India, thereby providing it with greater legal security, autonomy, and authority. Currently, many commissions in India operate as statutory bodies established by Acts of Parliament, making them susceptible to changes in government policy and lacking the same level of protection as constitutional bodies. The National Commission for Women (NCW), established in 1990, plays a crucial role in safeguarding women’s rights and promoting their empowerment. However, its effectiveness is often debated. The question explores whether granting constitutional status to the NCW would be a significant step towards achieving greater gender justice in India.
Steps Required for Constitutionalization of a Commission
Transforming a statutory commission into a constitutional body is a complex process involving several key steps:
- Constitutional Amendment: The primary step is to amend the Constitution, specifically the provisions relating to commissions or bodies established under it (e.g., Article 338 for Scheduled Castes/Tribes Commissions). This amendment would create a new Article or modify an existing one to define the NCW’s constitutional status.
- Defining Powers and Functions: The amendment must clearly delineate the NCW’s powers, functions, and jurisdiction. This includes investigative powers, the authority to issue recommendations, and the ability to enforce those recommendations.
- Composition and Appointment Process: The Constitution should specify the composition of the NCW, including the qualifications and experience required for its members. A transparent and independent appointment process, potentially involving a collegium or a selection committee, is crucial to ensure impartiality.
- Financial Autonomy: Granting financial autonomy is vital. This means a dedicated fund, directly allocated from the Consolidated Fund of India, independent of annual budgetary allocations, ensuring consistent funding.
- Reporting Mechanism: The amendment should establish a clear reporting mechanism, outlining how the NCW will report its findings and recommendations to Parliament and the government.
- Judicial Review: Provision for judicial review of the NCW’s decisions and actions is essential to ensure accountability and prevent abuse of power.
Would Constitutionalization of NCW Ensure Greater Gender Justice and Empowerment?
Imparting constitutionality to the NCW has the potential to significantly enhance gender justice and empowerment, but it is not a panacea. Here’s a detailed analysis:
Arguments in Favor:
- Enhanced Authority & Independence: Constitutional status would provide the NCW with greater authority and independence from executive interference, allowing it to function more effectively.
- Increased Legitimacy: A constitutional mandate would lend greater legitimacy to the NCW’s recommendations, making it more difficult for the government to ignore them.
- Stronger Enforcement Mechanisms: The Constitution could empower the NCW with stronger enforcement mechanisms, such as the ability to directly initiate legal proceedings or impose penalties for violations of women’s rights.
- Long-Term Stability: Unlike statutory bodies, a constitutional body is less vulnerable to abolition or restructuring by successive governments.
Arguments Against/Limitations:
- Implementation Challenges: Constitutional status alone does not guarantee effective implementation. The government’s willingness to act on the NCW’s recommendations remains crucial.
- Potential for Political Interference: Even with constitutional protection, political interference in the appointment of members could undermine the NCW’s independence.
- Need for Capacity Building: The NCW needs to be adequately staffed with qualified personnel and provided with sufficient resources to effectively carry out its functions. Constitutional status won’t automatically address these capacity gaps.
- Addressing Root Causes: Gender injustice is deeply rooted in social and cultural norms. The NCW, even with constitutional status, cannot single-handedly dismantle these deeply ingrained biases.
Current Status and Limitations of NCW
Currently, the NCW is a statutory body established under the National Commission for Women Act, 1990. Its limitations include:
- Lack of Investigative Powers: The NCW lacks the power to summon witnesses or compel the production of documents, hindering its investigative capabilities.
- Non-Binding Recommendations: Its recommendations are not binding on the government.
- Limited Funding: The NCW often faces budgetary constraints, limiting its ability to conduct research, awareness campaigns, and provide support services.
- Dependence on Government: Its functioning is heavily reliant on government support and cooperation.
According to the National Family Health Survey-5 (2019-21), 30% of women aged 15-49 have experienced spousal violence. A stronger, constitutionally empowered NCW could play a vital role in addressing such issues.
Conclusion
Constitutionalizing the National Commission for Women holds significant promise for strengthening gender justice and empowerment in India. However, it is not a standalone solution. Alongside constitutional status, crucial reforms are needed in areas such as appointment processes, funding, capacity building, and, most importantly, a genuine political will to address the systemic issues that perpetuate gender inequality. A holistic approach, combining legal reforms with social and cultural transformation, is essential to achieve meaningful progress.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.