Key Highlights
- The Union Ministry of Home Affairs (MHA) has proposed the introduction of a new 'Chapter K' under Article 371 (Part XXI of the Constitution) to provide a customized (sui generis) governance model specifically for Ladakh.
- The provision aims to create a UT-level elected legislative body chosen by direct election.
- The body would possess legislative powers over critical subjects such as:
- Land
- Culture
- Language
- Forests
- Environment
- Natural resources
- Other matters reserved for UTs under Article 240.
Background of the Demand
- Following the abrogation of Article 370 in 2019 and the enactment of the Jammu and Kashmir Reorganisation Act, 2019, Ladakh was created as a Union Territory without a legislative assembly.
- Governance by bureaucrats and changes to domicile rules sparked deep concerns over:
- Land protection
- Employment opportunities
- Demography
- Cultural identity
- These concerns fuelled demands for:
- Full Statehood for Ladakh
- Tribal protection through inclusion in the Sixth Schedule
Existing Framework of Article 371
- Article 371 and its related provisions (Articles 371A to 371J) fall under Part XXI of the Constitution, dealing with "Temporary, Transitional and Special Provisions."
- They provide asymmetric federal safeguards to 12 States (including Nagaland, Mizoram, Assam, Maharashtra, and Gujarat) to protect:
- Local customs
- Land rights
- Resources
- Notable examples:
- Article 371A – Nagaland (protection of religious/social practices, customary law, land and resources)
- Article 371G – Mizoram
- Article 371J – Karnataka (Hyderabad-Karnataka region)
- Applying an Article 371 provision to a Union Territory would mark a significant constitutional departure, since these provisions have historically applied only to States.
Article 371(K) vs. Sixth Schedule
| Aspect | Sixth Schedule | Proposed Article 371(K) |
|---|---|---|
| Constitutional basis | Article 244 | Article 371 (Part XXI) |
| Applicability | Tribal areas of Assam, Meghalaya, Mizoram, Tripura | Ladakh (a Union Territory) |
| Institutional form | Autonomous District Councils (ADCs) | UT-level elected legislative body |
| Powers | Legislative, judicial and administrative autonomy | Legislative powers over land, culture, language, forests, environment, natural resources |
- The National Commission for Scheduled Tribes (NCST) recommended the Sixth Schedule for Ladakh's tribal-majority population in 2019.
- However, the Centre's Article 371(K) proposal seeks a separate, overarching UT-level arrangement rather than extending ADCs to Ladakh.
Current Administrative Structure of Ladakh
- Ladakh currently relies on two Hill Councils — one each for Leh and Kargil.
- Their powers remain highly limited, as they do not fall under the protective umbrella of the Sixth Schedule.
Significance for Indian Polity and Governance
- Asymmetric federalism: Reflects the Constitution's capacity to accommodate region-specific aspirations while preserving national unity.
- Democratic deficit addressed: An elected legislative body would replace bureaucratic rule, enhancing accountability in the strategically sensitive UT bordering China and Pakistan.
- Constitutional innovation: Extending Article 371-type safeguards to a UT would be a first-of-its-kind experiment, potentially serving as a template for other UTs with distinct identities.
- Balancing competing demands: Offers a middle path between full Statehood and the Sixth Schedule, though it may not fully satisfy local aspirations.
Way Forward
- The proposal must be weighed against the original demands of Statehood and Sixth Schedule inclusion raised by local groups.
- Effective implementation would require clarity on the division of powers between the UT legislature, the Lieutenant Governor, and the existing Hill Councils.
- Safeguards for land, jobs, and cultural identity will be critical to addressing concerns over demographic change in the ecologically fragile, tribal-majority region.