Inclusion of Ladakh under Sixth Schedule

Q What is the context  ?

A A ruling party MP from Ladakh has demanded that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population.

Q What is the Sixth Schedule?

A 

• The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
• ADCs have some legislative, judicial, and administrative autonomy within a state.
• The Sixth Schedule applies to the NE states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

Q What is the Composition of Autonomous District Councils ?

A 

• ADCs have up to 30 members with a term of five years.
• It can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
• The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.

Q Why does Ladakh want to be part of the Sixth Schedule?

A 

• Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
• Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
• Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
• Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
• New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
• Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.

Q What is the cultural significance of Ladakh ?

A 

• Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
• It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.

Q Can Ladakh be included in Sixth Schedule?

A 

• NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
• Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.

Q What will be the legal hurdles ?

A 

• Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
• Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
• Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.

Q What is the Government’s response in this regard ?

A 

• The Centre woke up to the anxieties of the region when, a year after the abrogation of Article 370, when all political parties announced a boycott of the LAHDC-Leh elections.
• The political factions in Ladakh were promised “Sixth Schedule-like” protections by the Home Minister.
• The MHA has in Jan announced that a committee under then MoS Home G Kishan Reddy would be formed to address the issues related to language of Ladakh, culture of Ladakh and conservation of land in Ladakh.
• It had assured representatives of Kargil and Leh that the government was committed to look into their concerns.