Why is it in the news?
- In a recent meeting, Union Home Minister Amit Shah assured Ladakh’s representatives of extending Article 371-like protections to address concerns over jobs, land, and culture.
- However, Shah indicated that Ladakh wouldn’t be included in the Sixth Schedule of the Constitution despite ongoing protests in the region.
- He also promised representation and participation of locals through hill councils and indicated willingness to provide up to 80% reservation in public employment.
| Background
· After the repeal of Article 370 in August 2019 and the subsequent enactment of the Jammu and Kashmir Reorganisation Act, 2019, Ladakh was recognized as a separate Union Territory “without legislature.” · This meant Ladakh lacked its own Legislative Assembly like Union Territories such as New Delhi and Pondicherry. |
Demand for Inclusion in Sixth Schedule
- Organizations like the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA) have advocated for Ladakh’s inclusion under the Sixth Schedule of the Constitution.
- The Sixth Schedule contains provisions for the administration of tribal areas in certain states such as Assam, Meghalaya, Tripura, and Mizoram.
Benefits of Inclusion:
- It would allow Ladakh to establish Autonomous District and Regional Councils (ADCs and ARCs) with administrative powers over tribal areas.
- These councils would have the authority to make laws on various subjects including forest management, agriculture, administration of villages and towns, inheritance, marriage, divorce, and social customs.
- Additionally, ADCs and ARCs could constitute village councils or courts, appoint officers, and try certain offences under criminal and civil laws.
- The Schedule also grants powers to collect land revenue, impose taxes, regulate money lending, collect royalties, and establish public facilities such as schools, markets, and roads.
| Article 371
· Article 371 and its subsections provide “special provisions” for specific states, aimed at giving representation to certain religious and social groups and allowing them to exercise autonomy over their affairs. · While similar protections are not as extensive as those provided under the Sixth Schedule, they still offer safeguards for local populations. · Examples of such protections include Article 371-A for Nagaland, Article 371-G for Mizoram, and Article 371-F for Sikkim, among others.
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