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.

Answer

Approach:IntroductionBegin by introducing the concept of constitutionalization of a Commission and its significance.Body:Identify and mention the steps for constitutionalization of a Commission.Discuss the potential benefits of constitutionalizing the NCW and the complementary measures required to ensure gender justice and empowerment in India.ConclusionWrite a relevant conclusion.

Introduction

The process of constitutionalization of a Commission involves enshrining it within the Constitution of India, providing it with a legal and institutional framework, as well as granting it powers and functions to carry out its mandate effectively.

Body

The following steps are required for the constitutionalization of a Commission:

• Drafting a proposal:The first step is to prepare a proposal that outlines the need for the constitutionalization of the Commission, its objectives, functions, powers, and structure.


• Introducing a Constitutional Amendment Bill:To incorporate the Commission into the Constitution, a Constitutional Amendment Bill must be introduced in either house of the Parliament.


• Approval by both Houses of Parliament:The Constitutional Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha with a majority of the total membership of each house and a two-thirds majority of the members present and voting.


• Ratification by States:If the amendment affects the federal structure or the powers of the states, it must be ratified by at least half of the state legislatures before it can become a part of the Constitution.


• Presidential assent:The final step is obtaining the assent of the President of India, after which the amendment becomes a part of the Constitution, and the Commission is constitutionalized.

Imparting constitutionality to the National Commission for Women (NCW) could potentially ensure greater gender justice and empowerment in India for the following reasons:

• Enhanced authority and credibility:As a constitutionally mandated body, the NCW would enjoy greater authority and credibility, which could result in more effective implementation of its recommendations and decisions.


• Autonomy and Independence:Constitutionalization would grant the NCW greater autonomy and independence from the government, enabling it to function impartially and without political interference.


• Legal protection and enforceability:With constitutionality, the decisions and recommendations of the NCW would carry greater legal weight, thereby making it easier to enforce them and hold violators accountable.


• Increased resources and capacity:A constitutional body typically receives more significant resources and capacity, which can help the NCW to address gender issues more effectively and efficiently.


• Greater visibility and awareness:As a constitutional body, the NCW would receive more significant attention and visibility, leading to increased awareness of gender issues and the promotion of gender justice and empowerment in India.

Conclusion

However, it is crucial to note that merely constitutionalizing the NCW is not a panacea for gender justice and empowerment. Complementary measures, such as strengthening the legal framework, promoting gender-sensitive policies, addressing socio-cultural norms that perpetuate gender inequality, and ensuring effective implementation of gender-related laws and policies, are also necessary for achieving gender justice and empowerment in India.