Constitutionalisation means granting a commission constitutional status by incorporating its establishment, composition, powers and functions into the Constitution rather than leaving it dependent solely on an ordinary statute.

Steps Required for Constitutionalisation of a Commission

Constitutionalising a commission requires an amendment to the Constitution under Article 368, involving the following steps:

Introduction of a Constitutional Amendment Bill
- Introduction of a Constitution Amendment Bill in either House detailing the commission’s composition, mandate, powers, jurisdiction, etc.
Parliamentary scrutiny and passage
- The Bill is debated and scrutinised by both Houses and may also be referred to a parliamentary committee for detailed examination.
- It must then be passed separately by each House through a special majority:
  - A majority of the total membership of the House, and
  - At least two-thirds of the members present and voting.
Ratification by States, if required
- If the amendment affects federal provisions mentioned in the proviso to Article 368, it must be ratified by at least half of the State Legislatures.
Presidential assent
- After parliamentary passage and State ratification, where required, the Bill is presented to the President for assent.
Constitutionalisation of the commission
- Following presidential assent and official notification in the gazette, the provisions become part of the Constitution and the commission acquires constitutional status.

Benefits of Constitutionalisation

Higher institutional standing
- Constitutional status elevates a commission’s position within the governance framework, encouraging public authorities to treat its decisions and recommendations more seriously.
Protection from legislative dilution
- Its core mandate, composition and powers cannot be easily altered by an ordinary legislative majority, ensuring long-term institutional continuity.
  - A constitutionally established commission cannot be abolished or fundamentally altered by ordinary parliamentary majority. Abolition or significant modification requires a constitutional amendment — typically a special majority under Article 368 — and in some cases ratification by state legislatures. This protection ensures that a temporary parliamentary majority with political reasons to weaken an oversight institution cannot do so without meeting a significantly higher democratic threshold.
    - The Planning Commission was abolished by the government in August 2014 through an executive order and later replaced by NITI Aayog.
Greater functional independence
- Constitutional safeguards relating to appointments, tenure, removal and service conditions can protect members from excessive executive influence.
  - Functional independence through tenure security — tenure security is the most direct mechanism of functional independence. A member who knows that their continuation in office does not depend on the executive’s satisfaction with their decisions can adjudicate, investigate, and report without institutional self-preservation moderating their conduct.
    - Tenure insecurity as demonstrated by the RTI Amendment Act 2019’s change to Information Commissioner tenure, is the most effective mechanism of indirect political control.
    - The RTI Amendment Act 2019 changing Information Commissioner tenure from statutory five years to government-determined — illustrates how statutory tenure can be reduced by ordinary legislation, fundamentally compromising independence.
  - Deterring political calibration — when members know they cannot be removed for decisions that displease the government, the incentive to calibrate decisions to government preferences is substantially reduced.
Financial autonomy
- Charged on Consolidated Fund — constitutionally established commissions typically have their salaries, allowances, and administrative expenses charged to the Consolidated Fund of India rather than voted by Parliament. Article 148(6) for the CAG and Article 324(6) for the Election Commission exemplify this provision. Expenditure charged to the Consolidated Fund does not require annual parliamentary approval — it flows automatically — removing the government’s ability to financially starve an inconvenient institution through budget denial.
- Contrast with statutory commissions — statutory commissions depend on annual parliamentary appropriation — their budgets subject to government proposal and parliamentary approval. A government that wishes to constrain a statutory commission can reduce its budget, delay appropriation, or attach conditions to funding — mechanisms unavailable against constitutionally funded institutions.
- Operational independence — financial security translates directly into operational independence. A commission that knows its budget is secure can pursue investigations, conduct inquiries, and publish findings without calculating whether its next year’s budget depends on the government’s satisfaction with its current year’s performance. This budget-independence connection is one of the most practically important benefits of constitutionalisation.
- Staff and infrastructure — financial security enables recruitment of adequate staff, maintenance of infrastructure, and investment in capacity — the operational prerequisites for effective institutional functioning that financially dependent commissions struggle to maintain when their work displeases the executive.
Effectiveness and Accountability
- Stronger authority
  - Constitutional status gives greater legitimacy to the commission’s proceedings, reports and decisions.
- Improved compliance
  - Public authorities are more likely to cooperate with and respond seriously to a commission whose mandate flows directly from the Constitution.
- Stronger legislative oversight
  - Mandatory submission of reports and action-taken statements to the legislature can improve governmental accountability.
Democratic Significance
- Recognition of the protected interest
  - Constitutionalisation signals that the rights or interests safeguarded by the commission occupy an important place in the constitutional order.
- Greater public trust
  - Constitutional recognition enhances the commission’s credibility and reinforces confidence in its impartiality and independence.
Clarity of Mandate and Powers
- Constitutional definition — The commission’s mandate, powers, and functions are defined in the Constitution rather than merely in statute, giving them the clarity and permanence of constitutional provision. Article 149 defines the CAG’s duties and powers while Article 320 defines the UPSC’s functions. Constitutional definition provides a clarity that statutory definition, always subject to amendment by ordinary parliamentary majority, cannot reliably match.
- Scope certainty — Constitutional definition of mandate provides certainty to the institution, to the government, and to citizens about what the commission can and cannot do.

Sample Mains Question

Q.“Constitutional status can enhance the independence and institutional authority of a commission, but it does not by itself guarantee effectiveness.” Discuss the process and benefits of constitutionalisation of a commission in India.
(15 Marks | 250 Words)

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