The National commission of women, apex national level organization of India with the mandate of protecting and promoting the interests of women, but it has a statutory status.
Steps in constitutionalization 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.
Benefits of constitutionalization of the commission:
Independent Functioning: Today, although the NCW is an autonomous body, it is functioning as if it is under the ministry of women and child development. Constitutionalization will make following changes:
1. Dependence on the Union government for the grant will not be there.
2. The commission will have the power to select its own members. Today, the power is vested with the Union Government.
3. The commission will have right to concrete legislative power. Today, It has only power to recommend amendments and submit reports which are not binding on the state or Union Government.
4. The commission can focus on Awareness about law for the women without ant hindrances.
5. The National Commission for women in India seizes women’s cause only when it is brought to light. Now, Unreported cases of oppression and suppression of women will be attended to.
6. Grievance redressal: Constitutionality on the lines of NCSCT, NCST, NCBC will make NCW a more effective grievance redressal body.
Constitutionalization will not bring any major change because:
1. The National commission on SC/ST is also a constitutional body and their recommendations are advisory in nature only.
2. It will not reduce the tussle between the Government and commission as we have seen in the case of NCSC, Where the minister of social justice has refused to appoint the members of the commission because of an issue between the Minister and chairperson of the commission.
3. There is no guarantee that the report prepared by the commission is tabled on the floor of the house on time.
According to NCRB, Crimes against Women increased 7.3% from 2018 to 2019, which calls for strengthening the commission. Thus, Constitutionality to NCW will certainly be a big step towards gender justice and empowerment.