“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.
Problems of Overlapping Jurisdiction
Ambiguity in Mandate – Example- Hathras case – NCSC & NCW both intervened.
Parallel Investigations – Example- Bilkis Bano case – NHRC, NCW, and NCM all investigated.
Lack of Coordination leads to contradictory recommendations.
Confusion in Accountability – Citizens unclear which body to approach for redressal.
Problems of Duplication of Functions
Repetitive Reporting
Fragmented Data Systems – Separate data collection on similar issues creates inconsistency.
Resource Wastage – Each commission maintains its own secretariat, inquiry cells, and legal divisions, leading to inefficiency.
Overlapping Policy Recommendations, causing delay and duplication.
Merging of all commissions into an umbrella HR Commission
Arguments in Favour
Uniformity- Brings consistency in standards, inquiry, and reporting across all vulnerable groups.
Resource Efficiency- Prevents duplication of staff, budgets, and administrative infrastructure.
Accountability- Establishes a single point of responsibility for human rights protection.
Removes confusion and brings Clarity of Jurisdiction
Intersectional Approach- Enables holistic handling of overlapping vulnerabilities like caste, gender, and religion.
Global Best Practice- Mirrors models in Canada, Australia, and New Zealand with unified human rights bodies.
Data Integration- Allows centralized data collection and analysis for evidence-based policymaking.
Policy Coherence- Facilitates unified engagement with ministries and state bodies for coordinated action.
Arguments Against
Specialization Loss- Dilutes expertise of domain-specific bodies like NCW, NCSC, and NCPCR.
Constitutional Violation- Conflicts with Articles 338, 338A, and 338B granting separate constitutional status.
Administrative Overload- A single mega body may become slow, inefficient, and unresponsive.
Representation Loss- Marginalized groups lose dedicated institutional voices for advocacy.
Risk of Bureaucratization of commission
Symbolic Dilution- Weakens the government’s visible commitment to vulnerable sections.
Better Coordination Alternative- Inter-commission coordination can address overlaps without structural merger.
Way Forward
Create an Inter-Commission Coordination Council chaired by NHRC to avoid overlaps.
Establish a common digital platform for complaints, investigations, and monitoring.
Joint Investigations and Reports in intersectional cases (e.g., caste + gender).
Amend relevant Acts to clearly demarcate jurisdiction.
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 commissions as an effective Bulwark Of Democracy in India.
