India’s National Commission for Scheduled Tribes (NCST) has proposed a significant constitutional amendment to the Union Territory (UT) of Ladakh. If passed, this would see Ladakh incorporated into the Sixth Schedule of the Constitution. The importance of this move lies in the NCST’s role as a constitutional body dedicated to upholding the socio-cultural rights of Scheduled Tribes. Their recommendation follows a thorough examination of the conditions faced by the tribal population in Ladakh, a task assigned to them by the Centre. If successful, Ladakh will become the only UT included in the Sixth Schedule.
Why NCST Calls for Ladakh’s Inclusion in the Sixth Schedule
The driving force behind the NCST’s recommendation is the tribal composition of Ladakh’s population, which makes up more than 90% of its inhabitants. These tribes include Balti Beda, Bot (or Boto), Brokpa (or Drokpa, Dard, Shin), Changpa, Garra, Mon, and Purigpa. There is a strong desire to protect and promote the distinct cultural heritage of each community. Adding Ladakh to the Sixth Schedule will secure certain agrarian rights that have been threatened since the establishment of Ladakh as a Union Territory. This amendment will prevent people from outside Ladakh from buying or acquiring land in the territory and will aid in the democratic devolution of powers in the region. It can also boost funds transfer for accelerated regional development.
Understanding the Sixth Schedule
The Sixth Schedule of the Indian Constitution provides special provisions for the governance of tribal areas within four north-eastern states, namely Assam, Meghalaya, Tripura, and Mizoram. The Schedule divides these territories into autonomous districts, granting broad powers to their respective district councils.
Key Facts about the Sixth Schedule
| Fact | Description |
|---|---|
| Autonomous Districts | The tribal areas of the four states have been constituted as autonomous districts. |
| District Council | Each autonomous district possesses a council comprising 30 members, four of whom are appointed by the Governor, with the rest being elected based on adult franchise. |
| Powers of Council | These councils can establish and manage primary schools, dispensaries, markets, ferries, roads, etc., within their jurisdiction and are empowered to assess and collect land revenue and impose taxes. |
About National Commission for Scheduled Tribes
The NCST was established when Article 338 was amended, and a new Article 338A was added through the Constitution (89th Amendment) Act, 2003. This saw the separation of the previous National Commission for Scheduled Castes and Scheduled Tribes into two distinct bodies: the National Commission for Scheduled Castes (NCSC), and the National Commission for Scheduled Tribes (NCST) effective from February 19, 2004.
The NCST consists of a Chairperson, a Vice-Chairperson, and three other members appointed by the President. These positions are not eligible for reappointment after two terms. The structure of the Commission must include at least one woman, and at least two members belonging to Scheduled Tribes.
The primary functions of the NCST include monitoring safeguards provided for the Scheduled Tribes under the Constitution or any other laws, advising on socio-economic development planning for the Scheduled Tribes, evaluating their progress under the Union and any State, and submitting reports to the President. The headquarters for the NCST is located in New Delhi.
