GS2 · 15 marks · 250 words

"In the evolving constitutional and political landscape, the effectiveness of statutory commissions depends on their structural autonomy and independence." Discuss in the context of the growing demand for constitutional status for statutory commissions like the National Commission for Women (NCW) and the National Human Rights Commission (NHRC).

Answered by 3 toppers · CSE 2023–2025

Syllabus: Statutory, regulatory and various quasi-judicial bodies.

How toppers approached it

From all 3 answers · about 240 words.

Opening

  • No separate opening2 of 3
  • A figure1 of 3

Body

  • Points2 of 3
  • Points and prose1 of 3

Close

  • A way forward2 of 3
  • A summary1 of 3

The toppers’ answers

Pakshal SecretryAIR 8 · CSE 2025 · 217 wordsTheir whole copy

Opening

Recently GANHRI decided not to give A+ accreditation to NHRC and politisation of NCW have lead to demand for constitutional status to commisions.

Body · points

Need of constitutional Status

(A) Structural Autonomy

  1. Providing independent secretariat
  2. Reducing ministry's control in functioning e.g. MOWCD in working of NCW
  3. Providing for structural autonomy in funding e.g. charged expenses
  4. Limitations

(B) Independence

(4) In appointment process → collegium based appointment instead of executive appointment.

(5) Independence of investigation & functioning → not dependent on enforcement agency.

(6) Independence of procedure and functioning.

(C) Limitation of statutory commission

(7) Non-Acceptance of Demand eg states gave only 36% of compensation given by NHRC.

(8) political control eg NHRC & NCW functioning

(9) No platform for grievance redressal of institutions as both ministry & government ignores them

Challenges in constitutionalisation

(1) complex procedure

(2) Does not solve the root cause of non-effective functioning

(3) government interference even in constitutional commission eg ECI

(4) Increases compliance and legislative burden of government

(5) Dilution of Agenda of other constitutional bodies

Way forward

(1) High level Committee to examine case of constitutionalisation

(2) Independence & Autonomy to statutory body

(3) separate financing & personnel training

Close · a way forward

As 2023 Nobel winners (Acemoglu et al) highlight inclusive institution like NHRC, NCW are crucial for success of any nation

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