The importance of the Sixth Schedule in the Indian Constitution has once again come to light, with a recent demand by the Parliament demanding the inclusion of the Union Territory (UT) of Ladakh within it. This call aims to protect the local population’s land, employment opportunities, and cultural identity. The request arises from the passing of the Jammu and Kashmir Reorganisation Act in 2019, which split the state into two separate UTs – Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).
Why Ladakh Needs to be Included in the Sixth Schedule
Since splitting from Jammu and Kashmir, the UT of Ladakh’s administration is solely managed by bureaucrats, making government presence seem distant. Changes to the domicile policy in Jammu and Kashmir have led to fears about the security of Ladakh’s resources, jobs, demographics, and cultural identity. While Ladakh has two Hill councils based in Leh and Kargil, they do not fall under the Sixth Schedule, limiting their authority to collecting local taxes like parking fees along with land allotment and use.
NCST’s Recommendation for Ladakh’s Inclusion
The National Commission for Scheduled Tribes (NCST) has suggested that Ladakh be integrated into the Sixth Schedule of the Constitution. Tasked with protecting the socio-cultural rights of Scheduled Tribes, NCST was given the responsibility by the Centre of investigating the status of tribals in Ladakh. If included, Ladakh would be the only UT under the Sixth Schedule, necessitating a constitutional amendment to achieve this.
What Justifies the Recommendation
Over 90% of Ladakh’s inhabitants are tribals, predominantly Balti Beda, Bot (or Boto), Brokpa (or Drokpa, Dard, Shin), Changpa, Garra, Mon, and Purigpa. The region’s unique cultural heritage, exhibited by communities such as the Drokpa, Balti, and Changpa, call for preservation and promotion efforts. Inclusion in the Sixth Schedule would facilitate democratic devolution of powers and improve fund allocation, thereby accelerating regional development.
Challenges to Ladakh’s Inclusion
Despite these arguments, Ladakh’s inclusion in the Sixth Schedule could prove to be a challenge. Constitutionally, the Sixth Schedule is reserved for the Northeast, with the Fifth Schedule dedicated to tribal areas in the rest of the country. No region outside the Northeast has been incorporated into the Sixth Schedule so far. The government, however, possesses the authority to amend the Constitution to include Ladakh in the Sixth Schedule.
Sixth Schedule Article 244 and Its Implications
Article 244’s Sixth Schedule empowers the creation of autonomous administrative divisions known as Autonomous District Councils (ADCs) that offer legislative, judicial, and administrative independence within a state. It encompasses special rules for governing tribal areas in Assam, Meghalaya, Tripura, and Mizoram. These tribal regions constitute autonomous districts with the power to organise and re-organise vested in the governor. Parliament or state legislature acts do not apply or apply with certain modifications and exceptions to these districts.
Functions and Powers of District Councils
Each district has a council made up of 30 members, four nominated by the Governor and the remaining 26 elected through adult suffrage. Elected members serve for five years, and nominated members hold office at the governor’s discretion. Councils are responsible for administering their jurisdiction and can make laws regarding land, forests, water, shifting cultivation, village administration, property inheritance, marriage and divorce, social customs, and alike. Laws made by the councils require the Governor’s approval. They can also establish village councils or courts for trial suits and cases between tribes, and oversee appeals from them. The district council is enabled to manage primary schools, dispensaries, markets, ferries, fisheries, roads, and more within their district. They also have the authority to assess and collect land revenue and to impose certain specified taxes.
Last Modified: February 14, 2024