Which steps are required for constitutionalisation of a commission? Do you think imparting constitutionality to the national commission for woman would ensure greater gender justice and empowerment in India? Give reasons. [250 words]

Constitutionalisation refers to the process of granting constitutional status to an institution or body. This gives the body a higher level of legal protection and authority, and ensures that it can perform its functions effectively and independently.

The procedure for constitutionalisation of a commission in the Indian Constitution is as follows:

  1. A commission can be constitutionalised through the process of constitutional amendment (Article 368). This involves the introduction of a bill in either house of Parliament, which must be passed by a majority of the total membership of that house and by a two-thirds majority of the members present and voting.
  2. The bill must then be passed by the other house of Parliament in the same manner, and must receive the assent of the President.
  3. Once the bill has been passed and assented to, it becomes a constitutional amendment and the commission in question becomes a constitutional body.

Positives of constitutionalisation of a commission

  • A constitutional commission would have:
    • Greater independence and autonomy
    • Ability to exercise powers without interference from the executive
    • Power to issue binding orders and recommendations
  • These factors would help to ensure that gender justice and empowerment are given necessary priority and attention by the government

Negatives of constitutionalisation of a commission

  • Increased bureaucracy and red tape due to
    • More independence and autonomy
    • Less responsive to government and stakeholders
  • Increased costs due to More resources and staff
  • Accountability concerns as it is not directly answerable to elected government
  • Political neutrality concerns due to the perception of influence by government or political parties
  • Potential for conflicts of interest because of balancing duties towards government with mandate to protect rights and interests of women
Mind map notes for UPSC
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