“The true measure of a democracy is how it treats its weakest members.” – Mahatma Gandhi
The Indian state has established a network of statutory and constitutional commissions to uphold equality, dignity, and justice as envisioned in Articles 14-17, 21, and 46 of the Constitution.
Steps Required for Constitutionalization of a Commission
Constitutional Amendment Bill under Article 368 to insert a new article providing for the commission’s structure, powers, and functions.
Parliamentary Approval- The bill must be passed by a special majority – i.e., a two-thirds majority of members present and voting, and a majority of the total membership of each House.
After parliamentary passage, the bill must receive assent of the President of India.
The amendment must be notified in the Gazette and necessary rules and procedures must be framed for operationalization.
Would Constitutional Status to NCW Ensure Greater Gender Justice and Empowerment?
Arguments in Favour
Enhanced Autonomy and Authority- greater independence from executive control and political interference.
Its reports and directives would carry greater legal and moral weight, improving government accountability.
Funding and staffing could be constitutionally guaranteed, reducing dependence on yearly budgetary allocations.
Symbolic Empowerment- signify strong political commitment to women’s rights and gender equality.
Similar bodies like NCSC (Art. 338) and NCST (Art. 338A) already enjoy constitutional status; extending the same to women ensures institutional parity.
Better Enforcement Mechanism- Constitutional backing can ensure stronger monitoring of gender-related laws (e.g., Domestic Violence Act, Sexual Harassment Act).
Improved Coordination- With constitutional status, NCW could act as a nodal authority linking state commissions and ministries on gender issues.
Arguments Against
Constitutionalization won’t automatically improve outcomes unless implementation capacity and political will increase. Eg- non-binding recommendations
Risk of politicization and executive interference in appointments like NHRC
Existing Powers Underutilized- limited investigative capacity and enforcement follow-up.
Risk of Bureaucratization- Constitutional status may make the body more formal.
Institutional issues like vacancies, limited funding and delays in appointments may persist.
Way Forward
Create an Inter-Commission Coordination Council chaired by NHRC to avoid overlaps.
Strengthen NCW’s investigative and enforcement powers within the existing legal framework.
Ensure time-bound government response to NCW recommendations.
Provide financial and staffing autonomy through statutory amendment.
Simplify public interface through a single online grievance portal linked to all commissions.
The 3R approach of Reform, Reorientation and Restructuring can enhance functioning of NCW as an effective Bulwark Of Democracy in India.