In various committees and sub-committees of the Federal Parliament, there has been an intensive discussion on the revision of the constitutional commissions under the Constitution of Nepal-2072, Part 27 for some time. As the National Commission for Women is also a constitutional commission, its review is also being discussed.

Constitutional Commissions are empowered and empowered by the Constitution itself. Since the executive is the owner of state power and resources, there is some arbitrariness in governance. Therefore, the judiciary and the legislature as well as the constitutional bodies work based on the principle of separation of powers and balance.

According to legal rules, constitutional commissions are established to guard, warn and guard in an independent, independent and impartial manner for the restoration of civil rights and the establishment of the rule of law from the bodies using state power. 

There are certain grounds for the Constitutional Commission to function independently, autonomously and impartially. The basis for selecting the officers of the Constitutional Commission seems to be basically 6: mature but active age, high educational qualification in the relevant field, balance of physical and mental health, experienced personality with reputation as a subject expert, high moral character and political neutrality. 

On these grounds, the Constitutional Council recommends to the Head of Government for the appointment of a qualified person. Parliamentary hearings are arranged to test eligibility. Fair and competent persons are appointed by the head of government. A commission comprising such personalities is also known as a 'group of experts'. It is believed that the officials who have the presented qualification perform their work in a fearless manner, independent, autonomous and fair without anyone's hopes and fears.

The remuneration and allowances given to the officers of the constitutional bodies are paid from the Federal Reserve Fund. The approval of the Federal Parliament is not even required. It is believed that the oath, conduct and code of ethics taken by such a great personality of high character are enough to make him loyal and responsible to the country. That is why the post of the Constitutional Commission is termed as a thorn/fortress without an umbrella. which are often impossible to remove after appointment.

On the basis of the same recognition, unless the officers of the constitutional bodies have committed any offense while in office, the impeachment is only possible if the two-thirds majority of the Federal Parliament passes the impeachment, which can be seen very rarely. It is important to understand. 

Statistics show that 70 percent of all Nepali women are literate, but no educational qualification is required to become a member of the National Women's Commission of constitutional status. According to the constitution, the president must have a bachelor's degree, but the constitution is silent about the members. While 20 years of experience is mandatory in the established constitutional commissions, only 10 years of experience is required for the post of Women's Commission.

Without even having to hold a parliamentary hearing, the issues of qualifications and experience were automatically overshadowed. This has raised a serious question, will the constitutional body established for women become a club of women who have reached the age of 45 without expertise and specialization? 

What are the results of such a club? Positions are associated with carrying responsibility and accountability. But a position without status becomes a curse. There are 3 side effects of giving the status of a constitutional officer to a person who has no experience in the organization's method, process, values, and methodology and who is not even a subject expert:

1) Anarchy by displacing the qualified official from the position and resorting to irrelevant lies to establish himself. Engage in expressive and defiant activities. 

2) Entering college and using the office as another room to prove eligible.

3) Getting salary, benefits and zenten 6 years. 

In this way, when the appointment is made without subject expertise and experience, on the one hand, the legal provision that the officials have to divide work based on expertise will remain inactive. On the other hand, officials will pressurize for getting unfair service facilities. Similarly, daily administrative activities such as: using letterhead and registering invoices, not fulfilling the minimum obligations as per the constitution, violating the code of conduct, and enjoying the self-righteousness of saying and doing anything that those who have an honorable position can be seen. 

The mentioned situation creates side effects. As the benchmarks of the Constitutional Commission could not be met during the appointment of officials, it was seen that the situation of 'unbridled horse' within the commission would only be forced to sit and watch the spectacle for 6/6 years. On the one hand, the state's investment has been wasted for years, on the other hand, it has been found that the women's commission has been questioned about the legitimacy of the women's commission due to the displeasure of stakeholders and citizens who work round the clock for women's rights. 

The next options
Regarding the review of the Women's Commission, 3 options have emerged: 1. Repeal 2. To live as a white elephant forever or 3. To be brought up by the Constitutional Commission. 

The abolition of the Women's Commission cannot be a solution to the problem. According to Article 38 of the Constitution, a lot of work remains to be done to achieve women's right to share and descent, right to reproductive health, right against violence and right to proportional inclusion. 

Analyzes show that it may take many more years to bridge the gap between men and women socially, economically and politically. The Women's Development Department, which works for women's development, and the Women's Development Offices in all 75 districts have been abolished, and the Women's Commission has additional responsibilities. 

In the commission led by women who cover half the sky, if some unemployed women are appointed for employment, their children and families will be happy, but it seems that there will be a fire and ash distribution within the commission. 

The best option is to take the establishment of the National Women's Commission in a constitutional capacity to fulfill international obligations and keep it alive through empowerment, empowerment and mainstreaming. 

In order to address this situation immediately, it should be started with the appointment of a suitable and experienced woman for the constitutional commission in at least 1 vacant position in the commission. While appointing in this way, the Constitutional Council should examine the prescribed issues and start the practice of publishing detailed personal details of the officials' experience and qualifications factually, for which there is no need to make any law.

It has been found necessary to clarify the rules of discipline and conduct to be followed by the officers of the Constitutional Commission from the Constitutional Council and give an immediate orientation for their compliance. In such an orientation, it is necessary to include the boundaries and relations of politics and administration, the principles and practices of organization operations. 

From this, only if officials internalize the principle of working based on decent limits and relationships between officials and employees, unity of order and hierarchy, the bureaucracy as a permanent mechanism can create an environment where it can work continuously. 

As complicated situations like the Women's Commission are also seen in other appointments without parliamentary hearings, it seems that the appointers should keep a good eye on the fact that the parliamentary hearings are not just a way to carry out the process but are the value of the democratic constitution. In the said hearing process, it is necessary to check the 6 qualifications presented above. With the appointment of officials with high qualifications and merits, there is a possibility of working loyally to the state only if they can be made responsible and accountable by making a performance contract. 

Now it is necessary to set clear standards of educational qualification, experience and high moral character of officials of the National Women's Commission and other commissions. There is no difference in the educational qualifications of the chairperson and members of the Women's Commission in India. 

There is no distinction in the educational qualifications of the heads and members of the Abuse of Authority Investigation Commission, Public Service Commission, Election Commission and Human Rights Commission of Nepal. In America's Inter-American Commission on Women and India's Commission on Women, officials are not only required to be experts in law, gender justice or human rights, but there is a trend of appointing women with expertise and experience when appointing officials. 

Clause (6)(b) of Article 252 of the Constitution stipulates that the educational qualification of the chairman and member should be a master's degree from a recognized university. It seems preferable to make a constitutional provision that there should be a person who has contributed at least 20 years in the specified field to become the chairman and member in the constitution. By doing this, after the second people's movement, people who contributed for women will also get opportunities, so there will be no political entanglements.