UPSC Mains 2020 GS Paper 2 Q15: model answer

In 2018 the 102nd Amendment turned the National Commission for Backward Classes from a statutory body into a constitutional one under Article 338B. The same route is open for the NCW.

Steps to constitutionalise a commission

• A Constitution Amendment Bill inserting a new Article that sets out composition, functions and powers.
• Passage under Article 368(2): a majority of total membership and two-thirds of those present and voting in each House. State ratification is not needed unless federal provisions are touched.
• Presidential assent, then repeal or amendment of the parent statute (the NCW Act, 1990) and new rules on appointments and service.

What constitutional status would add

• Permanence: it cannot be abolished or diluted by an ordinary law.
• A mandatory duty on government to consult it on policy affecting women, as Article 338B(9) does for the NCBC.
• Reports placed before Parliament with an action-taken memorandum.
• Moral authority before ministries, police and States, and a stronger claim on State commissions to coordinate with it.
• Protection from being merged or restructured when governments change their priorities.

What it would not change by itself

• Enforcement: NCSC and NCBC are constitutional yet still recommend, not enforce.
• Funding and staff would still come through the ministry.
• Appointments remain in executive hands unless the amendment creates a selection committee.
• Gender justice depends on police, courts and social change, which no commission can replace.

My view

Constitutional status would help if it came with three things: a transparent selection panel, binding timelines for government responses and its own budget line. Without these, it would be a symbolic upgrade.

Women do not lack forums; they lack forums that can make things happen. Status should serve that purpose.