Ladakh, which was granted the status of Union Territory after the bifurcation of Jammu and Kashmir in October 2019, has been seeing a wave of protests, with its people vehemently demanding statehood.
The Centre, sources say, as quoted by The Indian Express, would not accommodate the region’s demand to be included in the Sixth Schedule of the Constitution. The government has also turned down the demand for a separate legislature. Ladakh is a UT without a legislature.
Union Home Minister Amit Shah, who met the representatives of Ladakh – Leh Apex Body and Kargil Democratic Alliance –, on Monday, however, has assured them of addressing the concerns of land, job and culture through special provisions in Article 371.
Sources also said Shah assured the delegates that the Centre would ensure participation and representation of the local people through hill councils, as mentioned in The Indian Express report.
A government-appointed high-powered committee is already looking into the demands. Sources in the ministry said the government wants to provide protection for culture, language, land and jobs for Ladakh but not on the lines of what the representatives are seeking, according to The Indian Express report said.
Let’s first understand why the people of Ladakh are protesting and what are their demands.
Statehood Demand
Ladakh came under the direct rule of the Centre after the passage of Jammu and Kashmir Reorganisation Act, 2019, which divided J&K and Ladakh into two UTs. Since then, the people of Ladakh have been concerned about losing previous safeguards in terms of jobs, land, leading to change in the tribal demography.
Ladakh does not have a legislature, which makes it difficult for people to have the development and industrial projects for the eco-sensitive region directly approved by the Centre, the people feel.
A memorandum was submitted by the representative bodies of Ladakh to the Union Home Ministry, which said, “Ladakh’s rich history, strategic importance, environmental significance, similarity with other states in the North East are the compelling reasons for which Ladakh deserves to be granted statehood.”
It also includes a draft bill for amending The Jammu and Kashmir Reorganisation Act 2019. This proposed amendment advocates for two Members of Parliament from the Ladakh region — one from Leh and one from Kargil. Additionally, Ladakh may obtain one seat in the Rajya Sabha, similar to states like Sikkim.
Goa, which is spread over 3,702 sq km, was granted statehood in 1987 under Article 3 of the Indian Constitution that gives right to Parliament to create a state. Ladakh, bigger than Kashmir, and much bigger than Goa, is 59,146 sq km.
Tribal Status Under Sixth Schedule
The Sixth Schedule of the Constitution protects and safeguards the rights of tribal people and their cultural identity. It allows tribal areas to be administered as autonomous districts by elected autonomous councils. These regions have legislative, financial and judicial autonomy to a certain extent.
Ladakh, which has 97% of tribal population, has sought protection under Sixth Schedule, citing Mizoram, Sikkim and other northeastern states citing tribal status.
The National Commission for Scheduled Tribes had supported Ladakh’s inclusion in the Sixth Schedule due to its tribal majority population, however, no region of the north east has so far not been given the status.
Empowerment of Ladakh Hill Councils
The locals have demanded more administrative and financial powers of the Ladakh Autonomous Hill Development Councils of Leh and Kargil. They allege that the powers of the council were much greater in 2019 but are now just limited to collecting taxes such as parking fee.
The protesters have also demanded a Public Service Commission, citing no gazetted job openings in the region.
States That Have Special Provisions Under Article 371
Article 371 provides special provisions to 11 states, including six northeastern states.
Article 371: Governors of Maharashtra and Gujarat have been given special powers to set up boards in regions such as Vidarbha, Marathawada and Kutchh.
Article 371 A: Nagaland will not come under any act of Parliament in matter relating to religious or social practices of Naga, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.
Article 371 B: Under this, the President may provide for the Constitution and functions of a committee of Legislative Assembly of Assam consisting of members elected from the tribal areas of Assam.
Article 371 C: This is similar to Assam except that the members are elected from the hill areas of Manipur. The governor must submit an annual report to the president regarding the administration of hill areas as well.
Article 371 D & E: It provides equitable opportunities and facilities for the people of Andhra Pradesh and safeguards their rights in matters of employment and education. Article 371E states that Parliament may by law provide for the establishment of a University in Andhra Pradesh.
Article 371 F: It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in Sikkim, seats in the assembly are provided to people of these different sections.
Article 371G: The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, just like Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.
Article 371 H: The Legislative Assembly of Arunachal Pradesh must consist of not less than 30 members. The governor will have special responsibility with respect to law and order in the state.
Article 371 I: The Legislative Assembly of the state of Goa must consist of not less than 30 members.
Article 371 J: It grants special status to six backward districts of Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.
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