GS-2: Indian Constitution, Special Provisions & Federalism
- MHA has proposed a new Chapter K under Article 371 to provide Ladakh with an elected Union Territory-level body.
- Ladakh-based bodies continue to demand Statehood and Sixth Schedule status, which the proposed Article 371 route does not automatically provide.
What is Article 371?
- Article 371 is part of Part XXI, dealing with temporary, transitional and special provisions.
- Articles 371–371J provide special arrangements for particular States based on their distinct historical, social, cultural and administrative circumstances.
- The provisions currently apply to 12 States — Nagaland, Assam, Manipur, Mizoram, Maharashtra, Gujarat, Andhra Pradesh, Telangana, Arunachal Pradesh, Goa, Sikkim and Karnataka.
What has MHA Proposed?
- Ladakh would get an elected Union Territory-level body through direct elections.
- The body would have powers concerning land, culture and language, forests, environment and natural resources.
- It would also deal with matters reserved for the Union Territory under Article 240, under which the President can make regulations for certain Union Territories.
Why are Ladakh Bodies Dissatisfied?
- Representatives were shown a presentation referring to Chapter K, but no detailed constitutional draft was provided.
- The Leh Apex Body (LAB) viewed the meeting as largely a reiteration of the earlier May meeting.
- Representatives want clear constitutional guarantees rather than assurances or presentations.
Challenges with the Chapter K Model
- A new Chapter under Article 371 cannot be created by executive action alone; Parliament must amend the Constitution.
- Representative bodies should receive the actual draft Bill so that constitutional safeguards can be discussed clause by clause.
- Legislative powers without adequate financial resources could make the elected body dependent on the Centre.
- Land, forests and natural resources are precisely the areas where local concerns and major development projects can overlap.
- An Article 371 arrangement is not automatically equivalent to Sixth Schedule protection; the powers and safeguards need to be clearly defined.
- The crucial issue is how the powers of the proposed elected body would interact with those of the Union Territory administration and Lieutenant-Governor.
Conclusion
The effectiveness of Chapter K will depend not merely on creating an elected body but on how much control it receives over land, environment and resources.
A detailed draft, clearly defined powers and meaningful consultation are necessary to bridge the gap between the Centre’s proposal and Ladakh’s demands for Statehood and Sixth Schedule protection.
Ravi Raaz
Hassan Khan
Shadab Ali