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:
- 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.
- The bill must then be passed by the other house of Parliament in the same manner, and must receive the assent of the President.
- 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
