[Solved] Which steps are required for constitutionalisation 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. (UPSC GS -2 Mains 2020)

constitutionalisation : When something is constitutionalized, it is made dependent upon the arrangements of a nation’s constitution. Some commission can settle on a choice to move toward the public authority for conceding it protected status. Generally, the interest, everywhere, is raised to constitutionalize a particular commission, and in this way, parliament passes a bill to give sacred status to the commission. Article 368 accommodates the force of parliament to amend the constitution.

Demand for simplification of the procedure:

  • Address delay: Unethical practices have the effect of vitiating the whole election and if not addressed in a timely manner will break the trust and fairness of a person for electoral.
  • Manifold layers in disqualification: After the court holds a person to be guilty then again to decide on disqualification opinion of ECI is taken by the President.
  • Uncertainty: Ex- Ashok Chavan case (Maharashtra) in 2014 was decided by the ECI (almost 6 years after representation was made) in a case of excess expenditure not mentioned in election offenses (“A corrupt practices”).
  • It didn’t go withinthe election petition route and the Delhi High court dismissed a petition challenging ECI jurisdiction which was based on “implied authorization” as the persons sponsoring advertisements are responsible office bearers holding important positions in the party.
  • When something is constitutionalized, it is made dependent upon the arrangements of a nation’s constitution.
  • Some commission can settle on a choice to move toward the public authority for conceding it protected status.
  • Generally, the interest, everywhere, is raised to constitutionalize a particular commission, and in this way, parliament passes a bill to give sacred status to the commission. Article 368 accommodates the force of parliament to amend the constitution.

Steps in constitutionalisation of a Commission are:

  1. A bill is introduced under Article 368 to amend the Constitution.
  2. Bill has to be passed by both the houses by special majority.
  3. Bill is given assent by the President.

Positive Impact

  • NCW will have the power of civil courts
  • The reports by it will be mandatorily discussed in the Parliament
  • It will be able to interact freely with the media
  • More autonomy and independence in its functioning.
  • Ensure gender justice and empowerment of women.

Issues with constitutionalisation

  • Constitutional bodies such as NCST are merely recommending bodies 
  • They perform an advisory role only. 
  • Their recommendations have been pending for a long time.
  • Lack independence in appointments as they are dominantly made by the executive.

What needs to be done for constitutionalisation

Addressing ambiguity: The ECI may be made authority to hear “corrupt practices” as almost all instances of corrupt practices also falls under its regulation of Model Code of conduct. Right of appeal to high court/Supreme court against judgement could be made.

 Time-bound hearing: As evident in Ashok Chavan case by the time process completes the disqualification loses relevance with electoral at loss. Thus, this needs to be concluded in maximum one month with daily hearing.

A clear awareness drive by the ECI to make people aware of the procedure to file complaint under corrupt practices as current position is too legalistic for a common man to understand.Election is the path to maintain the sanctity of democracy and thus procedure of addressing corrupt practices concern needs to be made simple, unambiguous and time-bound.

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