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
- Providing independent secretariat
- Reducing ministry's control in functioning e.g. MOWCD in working of NCW
- Providing for structural autonomy in funding e.g. charged expenses
- 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