UPSC Mains 2020 GS2 Q15 — Constitutional Bodies
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. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Which steps are requiredDo you thinkGive reasons
- Scope keywords
- constitutionalization of a CommissionNational Commission for Womengender justiceempowerment
- Implicit sub-parts
- The legislative and procedural mechanism under Article 368 for elevating a body from statutory to constitutional status.
- Limitations of the current NCW under the National Commission for Women Act, 1990.
- Arguments for how constitutional status grants autonomy, investigative powers, and binding recommendations (using NCST/NCSC as analogies).
- Counter-arguments or limitations showing that constitutional status alone doesn't solve systemic gender inequality.
- Specific powers currently missing that a constitutional body would possess (e.g., powers of a civil court, direct reporting to the President).
- Common pitfalls
- Failing to mention the specific constitutional amendment process (Article 368) and special majority requirements.
- Writing a generic essay on women's problems in India rather than focusing on the 'institutional' capacity of the NCW.
- Ignoring the 'reasons' for why constitutional status might NOT be a panacea (e.g., implementation gaps, political appointments).
- Confusing statutory bodies with constitutional bodies without citing examples like the 102nd Amendment for NCBC.
- Dimensions required
- Constitutional-LegalInstitutional/GovernanceSocial-JusticeComparative (Statutory vs. Constitutional)
- Marks allocation hint
Allocate 4-5 marks for the technical procedure of constitutionalization (majority types, Bill introduction). Spend the remaining 10-11 marks on the analytical section, split equally between 'reasons for greater justice' and 'critical evaluation of institutional effectiveness' to ensure a balanced 15-mark response.
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