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.
It asks 3 things — 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 Committee on the Status of Women in India recommended a National Commission for Women, set up in January 1992 as a statutory body, unlike the constitutional SC, ST and Backward Classes commissions.
Cover
- Steps: an Article 368 amendment passed by special majority in each House, State ratification only for federal matters, and a new article on the Commission.
- Content: composition, tenure and removal, duties to investigate and monitor, civil-court powers, reports to Parliament, and a duty to consult as in Article 338(9).
- Precedents: the 65th (1990), 89th (2003) and 102nd (2018) Amendments for the SC, ST and Backward Classes commissions.
- For: secure tenure and independence, a constitutional duty to consult, and greater weight for its reports.
- Against: the NCW Act already gives civil-court powers; the constitutional SC and ST commissions face the same complaints; India ranked 112th in the Global Gender Gap Index 2020.
- Way forward: transparent selection, adequate funds and staff, binding action-taken reports, coordination with State Commissions, and enforcement of the DV Act 2005 and POSH Act 2013.
Close with · Constitutional status is worth pursuing as a complement, not a cure; gender justice and SDG 5 need enforcement, resources and political will alongside an independent NCW.
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.”
- The Committee on the Status of Women in India recommended a National Commission for Women; later plans, including the National Perspective Plan for Women (1988-2000), repeated it.Brief History - National Commission for Women ↗“The Committee on the Status of Women in India (CSWI) recommended the establishment of the National Commission for Women to fulfill the surveillance functions to facilitate redressal of grievances”
- Under the NCW Act, 1990, the Commission already has the powers of a civil court when investigating matters.Mandate - National Commission for Women (NCW Act, 1990, Section 10) ↗“have all the powers of a civil court trying a suit and, in particular in respect of the following matters, namely :- summoning and enforcing the attendance of any person from any part of India and examining him on oath”
- Article 338(9), the template for a duty to consult: the Union and every State must consult the National Commission for Scheduled Castes on all major policy matters.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 338(9) ↗“(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes”
- WEF Global Gender Gap Report 2020: India ranked 112th, with a score of 66.8%.Global Gender Gap Report 2020 - World Economic Forum ↗“is the only one of the seven South Asian countries studied to feature in the top 100 of the Global Gender Gap Index (see Table 1). India ranks 112th (66.8%)”
- SDG 5 aims to achieve gender equality and empower all women and girls.Goal 5 - United Nations Department of Economic and Social Affairs, Sustainable Development ↗“Goals 5 Achieve gender equality and empower all women and girls”
Question: UPSC's CS (Main) 2020, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 360words · Minimalist IAS
The Committee on the Status of Women in India recommended a National Commission for Women; it was set up in January 1992 as a statutory body under the NCW Act, 1990. The commissions for Scheduled Castes, Scheduled Tribes and Backward Classes, by contrast, are constitutional (Articles 338, 338A and 338B).
Steps to constitutionalise a commission
- Amendment Bill under Article 368
- Special majority in each House
- State ratification, only if federal
- President's assent
- New Article
- Special majority: a majority of total membership and two-thirds of members present and voting in each House; half the States ratify only if listed federal provisions change.
- A new article: it fixes composition, tenure, removal, duties to investigate and monitor, civil-court powers, and reports laid before Parliament.
- Duty to consult: like Article 338(9), it can oblige the Union and every State to consult the Commission on all major policy matters.
- Precedents: the 65th Amendment (1990) created the Commission for SCs and STs, the 89th (2003) split it, and the 102nd (2018) gave the NCBC Article 338B.
Would it ensure greater gender justice? Only partly
- For, independence: security of tenure would free members from executive pleasure and give its reports more weight in Parliament and the courts.
- For, a policy voice: a constitutional duty to consult would bring a gender lens to laws and budgets at the drafting stage.
- Against, tools already exist: the NCW Act already gives it the powers of a civil court when investigating; status alone adds few new tools.
- Against, same complaints: the constitutional SC and ST commissions face the same criticism of recommendatory powers and thin resources.
- Against, the enforcement gap: India ranked 112th in the Global Gender Gap Index 2020; outcomes depend on police and courts enforcing the Domestic Violence Act, 2005 and the POSH Act, 2013.
Way forward
- Beyond status: transparent search-and-selection of members, adequate budgets and staff, binding action-taken reports, and coordination with State Commissions for Women.
Constitutional status is worth pursuing, but as a complement, not a cure. Gender justice will come when an independent NCW is matched by enforcement, resources and political will, the path to SDG 5: 'achieve gender equality and empower all women and girls'.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
