A New Governance Model for Ladakh

Ladakh has continued to demand Sixth Schedule status to protect its culture, land and local identity after becoming a Union Territory under the Jammu and Kashmir Reorganisation Act, 2019.

Background: Ladakh’s Demand for Sixth Schedule

• Ladakh became a Union Territory without a Legislative Assembly in 2019.
• Local groups raised concerns regarding:
  • Protection of Ladakhi culture, language and traditions
  • Safeguarding land rights
  • Preventing outsiders from acquiring land
  • Ensuring greater political representation
• These concerns strengthened the demand for inclusion under the Sixth Schedule.

What is the Sixth Schedule?

• The Sixth Schedule is governed by Articles 244(2) and 275(1) of the Constitution.
• It provides for Autonomous District Councils (ADCs) in tribal areas.
• It currently applies to:Assam , Meghalaya , Tripura , Mizoram
• Autonomous councils can exercise powers relating to local administration, customary practices and certain legislative matters.
• Ladakh has sought similar constitutional protection due to its distinct ethnic and cultural character.

Why Sixth Schedule Status is Sought

• To protect Ladakh’s:
  • Ethno-cultural identity
  • Traditional customs and practices
  • Land and local resources
• To provide greater institutional autonomy and local participation.
• To address dissatisfaction regarding the existing level of political representation.

Proposal for Article 371-K

• The Centre has proposed inserting Article 371-K in Part XXI of the Constitution dealing with Temporary, Transitional and Special Provisions.
• It would provide Ladakh with a directly elected legislative authority.
• The objective is to create a sui generis (unique) governance model tailored specifically to Ladakh.
• The proposed system is intended to balance:
  • National administration
  • Local self-government
  • Ladakh’s strategic importance, particularly due to its proximity to China

Possible Governance Structure

• A directly elected legislative body could provide:
  • Greater political representation
  • Greater public participation in decision-making
• The body may operate alongside:
  • Ladakh Autonomous Hill Development Councils (LAHDCs)
  • Panchayats
  • District-level institutions
• However, several issues remain unclear, including:
  • Role of the Lieutenant Governor
  • Exact legislative powers of the proposed body
  • Extent of financial autonomy

Constitutionality of the Proposal

• The article argues that granting a special governance arrangement to a Union Territory is constitutionally permissible.
• India has previously created special constitutional provisions for specific territories.
• Examples cited include special provisions for the National Capital Territory of Delhi under Articles 239AA and 239AB.
• Therefore, Parliament may create a special governance framework for Ladakh based on its unique geographical, developmental and cultural requirements.

Key Issue: Sixth Schedule vs Article 371-K

• Sixth Schedule: Provides constitutionally protected autonomous councils, mainly for tribal regions in four northeastern States.
• Proposed Article 371-K: Would create a Ladakh-specific legislative governance model rather than extending the existing Sixth Schedule framework.
• The central challenge is to provide meaningful local autonomy while preserving national security and territorial integrity.

The proposed governance model for Ladakh represents an attempt to create a customised constitutional arrangement that addresses demands for greater political representation and cultural protection without necessarily extending Sixth Schedule status.