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J&K – The issues around the state

Sixth Schedule demand for Ladakh

Why in the News?

The recent protests in Ladakh led by activist Sonam Wangchuk, which turned violent, have been driven by demands for inclusion under the Sixth Schedule of the Indian Constitution and a call for statehood.

Background: Ladakh’s Governance Post Article 370 Repeal

  • Union Territory Recognition: After the 2019 repeal of Article 370, Ladakh became a Union Territory without legislature, unlike Jammu & Kashmir.
  • Local Demands: The Apex Body Leh (ABL) and Kargil Democratic Alliance (KDA) have consistently demanded Sixth Schedule inclusion for autonomy and protection of tribal interests.

Centre’s earlier offer:  

  • Article 371-like Protections: Ministry of Home Affairs proposed safeguards similar to NE states, addressing land, jobs, and cultural protection.
  • Exclusion from Sixth Schedule: Centre ruled out Sixth Schedule inclusion, preferring alternative mechanisms for autonomy.

What is the Sixth Schedule?

  • Constitutional Basis: Mentioned under Article 244 in Part X of the Constitution.
  • Coverage: Applies only to Assam, Meghalaya, Tripura, and Mizoram (ATM²).
  • Relation to Fifth Schedule: The Fifth Schedule covers scheduled areas in other states except these four.

Salient Features of the Sixth Schedule:

  • Autonomous Districts: Tribal areas are designated as autonomous districts; Governor empowered to create, reorganize, or alter boundaries.
  • District & Regional Councils:
    • Each district council has 30 members (26 elected, 4 nominated).
    • Councils can legislate on land, forest management, shifting cultivation, village administration, inheritance of property, marriage/divorce, and social customs.
    • They run schools, healthcare, markets, and village courts, and can levy certain taxes.
  • Law Application: Acts of Parliament/State may not apply directly or apply with Governor/President’s modifications.
  • Governor’s Authority: Can appoint commissions, examine issues of districts, and dissolve councils based on recommendations.
  • Areas under the Sixth Schedule:
    • Assam: Karbi Anglong, North Cachar Hills, Bodoland Territorial Areas District.
    • Meghalaya: Khasi Hills, Jaintia Hills, Garo Hills.
    • Tripura: Tripura Tribal Areas District.
    • Mizoram: Chakma, Mara, Lai districts.

Reasons for Ladakh’s Demand:

  • Demographic Factor: Tribals constitute 79.61% of Ladakh’s population.
  • Cultural Autonomy: Protect traditional lifestyles, languages, and distinct heritage.
  • Self-Governance: Demand for greater autonomy in resource management and local governance.
  • Parliamentary Recommendation: Standing Committee on Home Affairs recommended Ladakh’s inclusion under the Sixth Schedule.

Challenges of Sixth Schedule Demand:

  • Fragmentation Risk: Could create fresh administrative and political complexities in Ladakh.
  • Political Capital: Some argue it might reduce Centre’s direct control and complicate governance in the Border State.
[UPSC 2023] With reference to ‘Scheduled Areas’ in India, consider the following statements :

1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.

2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.

3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.

How many of the above statements are correct?

Options: (a) Only one * (b) Only two (c) All three (d) None

 

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