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.
Approach · directive: “what / do you think”
What it asks · Explain how a statutory commission gets constitutional status, and whether such status for the National Commission for Women would improve gender justice.
The question has 3 parts — answer each
- Which steps: how a commission is given constitutional status
- Do you think: whether constitutional status for the NCW would ensure greater gender justice and empowerment — a clear position
- Give reasons: the case for, the case against, and what else is needed
Open with · The National Commission for Women is a statutory body under the NCW Act 1990, whereas commissions for Scheduled Castes, Scheduled Tribes and Backward Classes have constitutional footing.
Cover
- Steps: an Article 368 amendment inserting a new article, passed by special majority in each House, with State ratification only for federal matters.
- Content of the article: composition, appointment, tenure and removal, duties to investigate, monitor and advise, civil-court powers, reporting to the President, and consultation on policy.
- Precedents: the 65th Amendment (1990) created a Commission for SCs and STs, the 89th (2003) split it, and the 102nd (2018) gave the NCBC status.
- Case for: secure tenure and independence, constitutional civil-court powers, a duty on Union and States to consult it, and greater weight for its reports.
- Case against: the NCW's weakness is limited resources, advisory recommendations and political appointments, not its statutory basis; status alone will not secure enforcement.
- Better steps: transparent search-and-selection of members, adequate funds and staff, powers to follow up on recommendations, and coordination with State Commissions for Women.
- Wider frame: gender justice also rests on laws such as the Domestic Violence Act 2005 and POSH Act 2013 and on effective policing and courts.
Close with · Constitutional status would raise the NCW's standing and independence, but enforcement powers, resources, transparent appointments and political will matter more for gender justice.
Add value (verified)
- The 102nd Amendment (2018) shows the route: a new Article 338B made the National Commission for Backward Classes a constitutional body. The Constitution of India (as on 1 May 2024), Article 338B(1) — Legislative Department ↗“There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.”
Question: UPSC's CS (Main) 2020, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 330 words (UPSC limit 250) · Minimalist IAS
The National Commission for Women is a statutory body under the NCW Act, 1990, while the commissions for Scheduled Castes, Scheduled Tribes and Backward Classes are constitutional under Articles 338, 338A and 338B; the question is whether the same footing would make the NCW more effective.
Steps to constitutionalise a commission
- A Constitution Amendment Bill under Article 368, introduced in either House and passed by a special majority: a majority of the total membership and two-thirds of members present and voting in each House.
- Ratification by half the State legislatures only if the amendment touches the federal provisions listed in the proviso to Article 368(2); a new commission article ordinarily does not.
- The article itself fixes composition, appointment, tenure and removal, duties to investigate, monitor and advise, civil-court powers, reports to the President laid before Parliament, and a duty on Union and States to consult it.
- Precedents: the 65th Amendment (1990) created the Commission for SCs and STs, the 89th (2003) split it, and the 102nd (2018) inserted Article 338B for the NCBC.
Would it deliver gender justice? Only partly
- For: security of tenure and constitutional independence would free the Commission from executive pleasure; consultation would become a constitutional duty; its reports would carry greater weight with Parliament and the courts.
- Against: the NCW's weakness lies in limited funds and staff, recommendatory powers and political appointments, not in its statutory basis; the constitutional SC and ST commissions draw the same complaints.
- Against: gender justice depends more on enforcement of the Domestic Violence Act 2005, the POSH Act 2013 and criminal law by police and courts than on the status of an advisory body.
What else is needed
- Transparent search-and-selection of members, adequate budgets, powers to follow up and demand action-taken reports, and coordination with State Commissions for Women.
Constitutional status would raise the NCW's standing and independence and is worth pursuing, but it is a complement, not a cure: enforcement powers, resources and political will decide whether women get justice.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.