The Ministry of Home Affairs (MHA) has recently formed a high-powered committee specifically for the Union Territory of Ladakh. The primary objective of the committee is to safeguard the land and employment rights of the people in Ladakh. However, a few committee members have voiced a concern that the MHA’s order may not fully tackle their quest to be incorporated into the Sixth Schedule of the Constitution.
Back in September 2019, the National Commission for Scheduled Tribes recommended that Ladakh should be included under the Sixth Schedule, as it is majorly tribal (97%) and the unique cultural heritage of this area requires protection.
The Rationale Behind the Establishment of the Committee
Over the past three years, civil society groups in Ladakh have been calling for the protection of their land, resources, and employment. These demands became more pronounced after Parliament revoked the special status of the erstwhile State of Jammu and Kashmir under Article 370 of the Constitution in 2019. The fear of larger businesses and corporations usurping land and jobs from local residents was a significant factor contributing to these demands.
The main purposes of the committee are to discuss ways to preserve the region’s distinct culture and language with respect to its geographical location and strategic importance, and to strategize inclusive development. The committee will also discuss issues related to strengthening the Ladakh Autonomous Hill District Councils in Leh and Kargil.
Government’s Stand on Special Status
The government does not seem very keen on granting special status to Ladakh. According to the Ministry of Home Affairs, the goal of including the tribal population under the Sixth Schedule is to guarantee their overall socio-economic progress, an objective that the UT administration claims they have already been working towards. The Ministry also stated that Ladakh is receiving sufficient funds to meet its developmental needs.
The Ministry stands by the Constitution, which states that the Sixth Schedule is strictly for the Northeastern states, with the Fifth Schedule catering for tribal areas in other parts of the country. The Ladakh administration, however, has recently increased the reservation for Scheduled Tribes in direct recruitment from 10% to 45%, which will considerably aid the development of the tribal population. Despite the constraints, if the government decides to, it can bring a Bill to amend the Constitution for this purpose.
Understanding the Sixth Schedule
Under Article 244, the Sixth Schedule allows for the formation of autonomous administrative territories known as Autonomous District Councils (ADCs), which have certain legislative, judicial, and administrative autonomy within a state. This Schedule includes special provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
These tribal areas have been formed into autonomous districts. The Governor has the power to organise and re-organise these districts at will. Parliamentary or state legislature acts may not apply to these autonomous districts or may apply with specific modifications and exceptions. The authority for direction in this matter lies either with the President or Governor.
Each autonomous district has a district council comprised of 30 members, four of whom are nominated by the Governor while the remaining 26 are elected by adult franchise. The elected members serve for five years (unless the council is dissolved earlier) and nominated members hold office at the pleasure of the Governor.
District and regional councils manage the areas under their jurisdiction and have the right to constitute village councils or courts for the trial of suits and cases between tribes. They can also establish, construct, or manage primary schools, dispensaries, markets, ferries, fisheries, roads, etc., in the district. Additionally, they are empowered to assess and collect land revenue and to implement certain specified taxes.
