Ladakh Statehood Protest, Reasons, Sixth Schedule

Context: Thousands returned to Leh’s streets demanding full Statehood for Ladakh and inclusion in the Sixth Schedule to safeguard land, culture, language, and environment.

• Protests in Ladakh have been ongoing, with calls for constitutional safeguards.
• Local groups ABL and KDA seek job security, land rights, and cultural protection.
• They demand the inclusion of Ladakh under the Sixth Schedule of the Constitution.

Reasons Behind Ladakh Statehood Protest

• Origin of Protests: Protests in Ladakh began after its separation from Jammu and Kashmir and establishment as a Union Territory (UT) without a legislature in August 2019, following the dilution of Article 370.
• Local Concerns: The population of Ladakh are worried about the loss of identity, resources, and bureaucratic overreach. There’s fear that opening up the region to non-locals and industrialists would impact the demography and lead to a loss of distinct identity.
• Political Representation: Before the reorganisation, Ladakh had representation in the J&K Assembly. The current lack of political representation and a jobs crisis have contributed to the unrest.
• Demands of the Agitators: The Leh Apex Body and the Kargil Democratic Alliance, representing a wide range of community groups, demand a full-fledged legislature, constitutional safeguards under the Sixth Schedule, separate Lok Sabha seats for Leh and Kargil, and job reservations for locals.
  • Constitutional Safeguards: The protestors seek special status under the Sixth Schedule to protect tribal populations and ensure local consultation on impactful decisions, noting that nearly 80% of Ladakh’s population are tribals.
  • Employment Concerns: Since becoming a UT, Ladakh has not seen new gazetted job openings, leading to demands for a Public Service Commission in the region.

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Sixth Schedule: An Overview

• It provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
• This schedule is underpinned by Article 244(2) and Article 275(1) of the Indian Constitution.
• Autonomous District Councils (ADCs): ADCs are established for districts with significant tribal populations, providing varying degrees of autonomy within the state legislature.
  • Legislative and Judicial Powers: District and regional councils have certain legislative and judicial authorities, although they are under the jurisdiction of the respective High Courts.
  • Judicial Authority of ADCs: ADCs can establish courts for cases involving tribal members with sentences of less than 5 years.
  • Taxation and Revenue Powers: ADCs have the authority to impose taxes, fees, and tolls on various entities and activities within their jurisdiction.
  • Exemption from Acts of Parliament or State Legislature: Laws from Parliament or state legislatures may not apply, or apply with modifications, in autonomous districts and regions.
  • Governor’s Powers: The Governor can alter district boundaries, create or rename districts, and adjust autonomous district areas.

Article 371 Protections

Special Provisions for States

• Offers autonomy to religious and social groups within specified states.
• Allows these groups to manage their affairs independently of state and central interference.

General Provisions

• Article 371: Originated with the mandate to form “development boards” for certain areas in Maharashtra and Gujarat, assessing development needs and government spending.

Check here in Detail: Article 371 of Indian Constitution

Specific State Provisions

• Articles 371-B and C allow the creation of special committees in the Legislative Assemblies of Assam and Manipur. These committees comprise MLAs elected from tribal areas and Hill areas respectively.
• Special provisions have also been introduced to provide reservations in the Sikkim Legislative Assembly (Article 371-F), to protect “the rights and interests of the different sections of the population”.
• Notably, the special provisions for Nagaland, Manipur, Sikkim, Mizoram, Arunachal Pradesh (371-H), and Goa (371-J) were introduced shortly after each of these states was officially created.

Unique Application to Union Territories

• If applied to Ladakh, these provisions would represent the first extension of such special status to a Union Territory, contrasting with their typical application to states post-creation.

Potential Application to Ladakh

• The introduction of similar protections for Ladakh would be the first for a Union Territory.
• Aimed at ensuring local representation and up to 80% reservation in public employment.

Government Response

Union Home Minister’s Assurance

• He suggested extending Article 371-like protections, but not full Sixth Schedule autonomy.
• Assured representation and participation through local hill councils.
• Committed to safeguarding local interests in jobs, land, and cultural practices.

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