Hill councils to be created in all eight districts of Ladakh

Why in the News

Elected hill councils in Ladakh, until now confined to Leh and Kargil, are to be set up in all eight districts of the Union Territory, with smaller councils in place of a uniform 26 seats each. The President has promulgated the Ladakh Autonomous Hill Development Councils (LAHDC) (Amendment) Regulation, 2026. The Kargil Democratic Alliance (KDA) has questioned changes made during ongoing talks on Statehood and the Sixth Schedule.

What is a hill council, and how was the law changed?

1. What it is: An LAHDC is an elected district council under the Ladakh Autonomous Hill Development Councils Act, 1997, handling local development and land vested in it. It works much like a zila parishad.
2. Why it matters in Ladakh: Ladakh became a Union Territory without a legislature in 2019, carved out of the Kashmir division of the erstwhile State of Jammu and Kashmir. It then had only two hill councils.
3. How the change was made: The amendment is a Presidential regulation under Article 240, which lets the President make laws for certain Union Territories, with the force of an Act of Parliament.
4. Speed of approval: The Union Cabinet approved the amendments on October 14, and the President promulgated them on October 16. The Lieutenant Governor called it a “historic regulation”.
5. The takeaway: Ladakh’s local self-government can be redrawn by executive regulation within a week, without a vote in any elected House.

What does the amended regulation change?

1. Eight councils: The regulation paves the way for an LAHDC in every district, including the newly created Sankoo district. The Union Territory administration created eight districts this year.
2. Seat rationalisation: Each council will now have between seven and 24 constituencies, in place of the earlier uniform size.
3. Nominated members: Four members are to be nominated from ‘women’ and ‘unrepresented communities’, for wider participation in local governance.
4. Kargil continuity: LAHDC-Kargil, which held elections in 2023, remains in place.

Why is the timing contested?

1. Parallel negotiations: The Leh Apex Body (LAB) and the KDA sit on a high-level committee the Centre constituted in 2023 to ensure constitutional safeguards for Ladakh.
2. The demands on the table: Both bodies seek Statehood and inclusion of Ladakh in the Sixth Schedule, which would give its tribal areas constitutionally protected self-rule.
3. No consultation: The KDA said substantial changes to the councils’ composition, powers and functioning were made without consulting the people and stakeholders of Ladakh.
4. Status still undecided: The Centre’s own draft framework asks whether LAHDCs should receive constitutional status or continue under the 1997 Act.

Challenges

1. No legislative power: Hill councils plan and execute but cannot make laws on land or customs. Eg. Sixth Schedule councils such as the Bodoland Territorial Council can.
2. Redesign by regulation: Council size and composition can be altered by executive regulation, without consultation or legislative debate.
3. Weight of nominees: In a seven-seat council, four nominated members would form over a third of the House.
4. Thin new districts: The new districts are sparsely populated and lightly staffed, so new councils start without an administrative base.

Way Forward

1. Consult through the committee: Route further changes to the councils through the high-level committee with the LAB and the KDA.
2. Fixed poll calendar: Notify elections to the new councils on a published timeline.
3. Transferred subjects: List the subjects, staff and funds each council controls in a schedule to the Act.
4. Nomination criteria: Publish who qualifies as an “unrepresented community” and how nominees are chosen.

Conclusion

The amendment multiplies Ladakh’s elected councils without changing the kind of power they hold, and their constitutional status is still being negotiated. The next tests are the election notification for the new councils and whether the talks settle that status before more changes come by regulation.

Back2Basics: Sixth Schedule of the Constitution

1. What it provides: Read with Articles 244(2) and 275(1), it provides for administering tribal areas through Autonomous District Councils and Regional Councils.
2. Where it applies: It covers tribal areas in Assam, Meghalaya, Tripura and Mizoram. Ladakh is not covered.
3. Law-making powers: The councils can make laws on land, forests other than reserved forests, shifting cultivation, inheritance, marriage and social customs, with the Governor’s assent.
4. Other powers: They may set up village courts for disputes among Scheduled Tribes and levy specified taxes.

Matching Previous Year Question

“[2015] The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (a) protect the interests of Scheduled Tribes (b) determine the boundaries between States (c) determine the powers, authority and responsibilities of Panchayats (d) protect the interests of all border States ANSWER: (a)”