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Ladakh’s demand for inclusion in 6th schedule

Ladakh’s population has been consistently demanding inclusion in the Sixth Schedule. This demand gained prominence after Ladakh was designated a Union Territory in 2019, which led to its governance being handled by bureaucrats rather than local elected representatives. Officials from the Ministry of Home Affairs (MHA) have suggested that Article 371 could be considered for Ladakh.

ABOUT 6TH SCHEDULE OF INDIAN CONSTITUTION: 

Purpose: To provide special provisions for the administration of tribal areas.

Applicable States: Assam, Meghalaya, Tripura, and Mizoram (four North-Eastern states).

Constitutional Basis: Operates under Articles 244 and 275.

Benefits: Grants significant autonomy for self-governance to states included under this schedule.

Objective: To help tribes preserve their unique culture, customs, and civilization.

Autonomous Districts and Regions under 6th schedule: 

  • Formation: Tribal areas within states are designated as autonomous districts. If multiple tribes reside in a single district, the governor can create distinct autonomous regions.
  • Executive Authority: These tribal areas fall under the executive control of the respective state government.
  • Governor’s Powers: The governor holds the authority to establish and modify the autonomous districts’ areas, names, and boundaries.
  • Cultural Autonomy: Customary laws are preserved through the grant of cultural autonomy.

Application and modification of parliamentary or state acts vary by state:

  • In Assam, the Governor has authority over both parliamentary and state acts.
  • In Meghalaya, Tripura, and Mizoram, the President determines the application of Acts of Parliament, while the Governor manages state legislature acts.

The Governor holds final discretionary power in disputes regarding mineral royalty shares for District Councils.

DIFFERENCE BETWEEN 5TH SCHEDULE AND 6TH SCHEDULE OF THE INDIAN CONSTITUTION:

Mental Health Concepts
Feature Fifth Schedule (Scheduled Areas and Scheduled Tribes) Sixth Schedule (Tribal Areas)
Applicability (States) Applies to the administration and control of Scheduled Areas and Scheduled Tribes in any state. Applies specifically to the administration of Tribal Areas in the four North-Eastern states only: Assam, Meghalaya, Tripura, and Mizoram.
Current Scope As of 2019, ten states possess Fifth Schedule Areas. Currently encompasses ten specified tribal areas, constituted as Autonomous Districts.
Governing Articles Governed by Article 244. Governed by Articles 244 and 275.
Administrative Structure The main administrative body is the Tribes Advisory Council, which must be established in each state having Scheduled Areas to advise on the welfare and advancement of Scheduled Tribes. Provides for the creation of Autonomous Districts and Autonomous Regions. These areas are accorded a sizeable amount of autonomy for self-government.
Rationale / Degree of Autonomy These areas are inhabited by 'aboriginals' who are socially and economically rather backward; the Central government has somewhat greater responsibility for these areas. The tribes here have largely retained their distinct culture, customs, and civilization, necessitating special arrangements. This allows them complete autonomy for preserving their practices and customary laws.
Legislation Control The Governor has the power to direct that an Act of Parliament or the state legislature does not apply to a Scheduled Area, or applies only with specified modifications and exceptions. Provides more formal self-governance powers, including powers for the Governor to organise and re-organise Autonomous Districts or divide them into regions if necessary.
Local Government Application The general provisions relating to Panchayats (Part IX) are not applicable to Fifth Schedule areas unless extended by Parliament (as done through the PESA Act, 1996). The provisions grant these areas special legislative autonomy and self-governing rights distinct from the general Panchayat laws.

RATIONAL BEHIND LADAKH’S DEMAND TO BE INCLUDED IN 6TH SCHEDULE:

Demographics: Over 97% of Ladakh’s population belongs to Scheduled Tribes.

Empowerment: Strengthen local autonomous district councils with legislative and executive authority over land, resources, and culture.

Ecosystem Protection: The fragile ecosystem of Ladakh is vulnerable to uncontrolled industrialization.

Political benefits for 6th schedule status for ladakh 

  • Direct Legislative Authority for ADCs: Autonomous District Councils (ADCs) established under the 6th Schedule will gain direct legislative authority over crucial local matters.
  • Expanded Authority for ADCs: ADCs will gain authority over primary education, local roads, tourism management, environmental protection, and sustainable development.
  • Contrast with Existing Councils: Existing Ladakh Autonomous Hill Development Councils currently possess only local taxation and land allotment powers.
  • Local Judicial System: ADCs under the 6th Schedule will establish local courts to handle customary tribal matters and laws.
  • Protection from Demographic Changes: Constitutional status will shield communities from demographic changes and prevent alienation.
  • Democratic Channeling of Political Energy: ADCs serve as platforms for the democratic channeling of political energy.
  • Articulation of Local Grievances: They ensure better articulation of local grievances.

Economic advantages of inclusion of ladakh in 6th schedule 

  • Local Resource Control and Sustainable Development: Emphasizing democratic governance of land use, forest management, and resource regulation, including water resources in alpine meadows and glaciers, under local leadership.
  • Addressing Unemployment: Tackling the severe unemployment crisis, particularly the graduate unemployment rate (26.5%) which is double the national average, through increased reservations in government jobs and education for Ladakhis.
  • Community Ownership and Economic Development: Promoting community ownership to enhance control over natural resources and governance, ensuring economic development benefits local populations over external industrial interests.

 Security implication of inclusion of ladakh in 6th schedule 

  • Strategic Positioning of India: Granting statehood or autonomy could complicate India’s administrative and security coordination, affecting strategic control and diplomatic standing with China and Pakistan. Centralized control is seen as vital for unified command in border tension areas.
  • Strengthening Security Architecture via 6th Schedule: Community ownership would enhance resource and governance control, as locals have vested interests in territorial integrity. The Sixth Schedule has succeeded in the Northeast without compromising national security.

Legal and constitutional challenges 

  • Complex Parliamentary Procedure: Requires a constitutional amendment passed by both houses with special majorities, necessitating intense debates.
  • Deviation from Original Intent: The 6th Schedule was specifically for tribal areas in the North East to ensure cultural and customary autonomy.
  • Potential for Politicization: May lead to similar demands from other regions, increasing pressure on the central government and parliament.
  • Financial and Governance Concerns: Autonomous District Councils (ADCs) require substantial funding and trained staff, raising concerns about financial viability and implementation gaps.

COMPARATIVE ANALYSIS BETWEEN LADAKH’S CURRENT ADMINISTRATIVE SET UP AND IF INCLUDED IN THE 6TH SCHEDULE:

Mental Health Concepts

CASE STUDIES RELATED TO SUCCESSFUL IMPLEMENTATION OF 6TH SCHEDULE AND ITS PROVISIONS IN INDIA

Mental Health Concepts
Aspect Current LAHDC System Sixth Schedule ADCs
Constitutional Status Created by regular legislation Derives powers directly from Constitution
Legislative Powers None Can make laws on specified subjects
Executive Authority Limited (taxation, land allotment) Broad (resources, development, administration)
Judicial Powers None Local courts for customary matters
Autonomy Level Very restricted Described as "state within a state"
Protection from Changes Vulnerable to executive decisions Constitutional safeguards

CENTRAL GOVERNMENT’S PROPOSAL FOR INCORPORATING LADAKH UNDER ARTICLE 371:

    • Article 371 provides special provisions for specific states in India to protect their unique cultural, social, and economic interests through administrative and legislative safeguards.
  • Part 22: Temporary, Transitional, and Special Powers
    • These provisions were incorporated through constitutional amendments under Article 368.
    • Purpose: To address regional disparities, protect local customs, and ensure socio-economic development while respecting unique identities.
  • Intention and Aims of Inclusion in Article 371:
      • Protection of interests of tribals and backward populace.
      • Dealing with disturbed law and order conditions.
      • Promote the aspirations of the local populace.
  • Key Characteristics:
      • Represent an asymmetrical representation within India’s federal arrangement.
      • The Governor is assigned a special responsibility in discharging certain functions, often requiring them to act in their discretion or individual judgment.
      • Acts of Parliament regarding religious or social practices, customary law and procedure, and ownership and transfer of land generally do not apply unless the respective State Legislative Assembly decides they should.
  • Regional Development Boards:
  • Establishment of separate regional development boards to ensure equitable allocation of funds for developmental expenditure in these areas.

DIfference between inclusion of ladakh under Article 371 rather than in 6th schedule 

  • Article 371 focusses on creating special administrative mechanisms within existing state structures. 
  • Article 371 focusses on establishment of separate development boards for special regions with the governor having special responsibility on equitable allocation. 
  • Article 371 provisions are protective in nature rather than empowering nature under 6th schedule.
  • Under article 371 only special responsibilities are assigned to the governor whereas ADC’s under 6th schedule exercise executive control over resources and taxation. 
  • Under article 371 there are no judicial powers with any courts, but the 6th schedule has courts that protect the customary law and tribal community matters. 
  • In article 371 there are only state specific tailored provisions but under 6th schedule we have a uniform framework with local adaptation. 

WAY FORWARD: “Ladakh’s inclusion involves stakeholder consultations, safeguarding Ladakhi identity and land rights, addressing non-tribal concerns, ensuring administrative autonomy, and providing targeted development funds—whether under the Sixth Schedule or by tailored provisions in Article 371 for effective regional governance.” 

PRELIMS FOCUS ARENA:

Mental Health Concepts
State / Council Primary Economic Achievement Key Success Factor
Meghalaya: Garo, Khasi, Jaintia Community-led resource management, 76% forest cover management Entire state under ADC governance enabling comprehensive authority
Karbi Anglong Educational facilities expansion, women's SHG programs Integration of traditional knowledge with modern development
Mizoram Top-ranked educational facilities in Northeast Grassroots fund allocation to village councils
Tripura Institutional strengthening toward territorial council Enhanced autonomy and financial grants
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State Article of Provision Year of Inclusion / Amendment
Maharashtra 371 (as amended) 1956 / 1960
Gujarat 371 (as amended) 1956 / 1960
Nagaland 371-A 1962 (13th Amendment)
Assam 371-B 1969 (22nd Amendment)
Manipur 371-C 1971 (27th Amendment)
Andhra Pradesh 371-D and 371-E 1973 (32nd Amendment)
Sikkim 371-F 1975 (36th Amendment)
Mizoram 371-G 1986 (53rd Amendment)
Arunachal Pradesh 371-H 1986 (55th Amendment)
Goa 371-I 1987 (56th Amendment)
Karnataka 371-J 2012 (98th Amendment)
Telangana 371-D (extended to) 2014 (Andhra Pradesh Re-organisation Act)