Ladakh’s Demand for Sixth Schedule Status and Proposed Article 371-K

GS-II – Indian Polity & Governance | Federalism

Why in News?

• Ladakh’s Demand: The demand by Ladakh for Sixth Schedule status and the proposal made by the Ministry of Home Affairs to provide for a directly elected legislative body for governance in the Union Territory has created a paradoxical situation and raised the question of whether a UT can be granted such status.
• Constitutional Question: Whether it would be constitutionally valid to equate States and UTs in the context of their respective governance is a question worth examining.
• Ladakh’s Governance: Ladakh was made a Union Territory without a Legislative Assembly under the Jammu and Kashmir Reorganisation Act, 2019.

Indian Federalism and Governance

• Amphibian Nature of Indian Federalism: Indian federalism is unique in the sense that, in general, it functions as a federation, while during an Emergency, it becomes perfectly a union.
• Supreme Court: This is why the Supreme Court has called it “Amphibian” in State of Rajasthan v. Union of India (1977).
• Federal and Unitary Character: This observation signifies that while India intends to distribute the resources equitably through its federal structure, it retains a unitary character to ensure the unity and integrity of the nation.
• Decentralised Federal Design: India’s territory includes States, UTs and any other territory acquired under international law, making it a decentralised federal design.
• Political Idea: The political idea behind this design is to include every cultural and ethnic group in democratic governance to sustain its political structure.

Fifth and Sixth Schedules

• Inclusion of Tribal Communities: This has also been the primary reason for the provisions of the Fifth and Sixth Schedules, which provide for Scheduled Areas and Autonomous Districts, especially to ensure the inclusion of tribal communities.
• Doctrine of Proportionality: From a functional perspective, this design is founded on the ‘Doctrine of Proportionality’, so that the Rawlsian principle of justice, i.e., the greatest advantage to the least advantaged could be achieved.

Why Does Ladakh Demand Sixth Schedule Status?

• Ethnic and Cultural Specificity: Considering its unique ethnic composition and cultural specificity, Ladakh has demanded Sixth Schedule status.
• Protection of Culture: Many local groups expressed concerns about protecting the culture of Ladakh’s people, including their language, traditions and customary practices.
• Land Rights: They also wanted to prevent outsiders from acquiring land in Ladakh, as it could deprive local people of their land rights.
• Political Representation: Above all, local groups are dissatisfied with the way political representation has been given to Ladakh.
• Sixth Schedule Demand: All these factors have contributed significantly to the demand for Sixth Schedule status.

What is the Sixth Schedule?

• States Covered: The Sixth Schedule covers only Assam, Meghalaya, Tripura and Mizoram primarily because most of these areas were part of Assam during British rule and were classified as “Excluded” or “Partially Excluded” areas.
• Continuation of Protections: Meghalaya, Tripura, and Mizoram later became separate States, retaining their Sixth Schedule protections.
• Constitutional Provisions: The Sixth Schedule is governed by Article 244(2) and 275(1).
• Autonomous Districts: The Governor has the power to create new Autonomous Districts through a public notification.
• District Councils: Each such district is governed by a district council with a maximum of 30 members.
• Autonomy: In short, the States covered by the Sixth Schedule enjoy considerable autonomy in governance.

Proposal of Article 371-K

• Special Provision: The Government has proposed to insert Article 371-K in Part XXI of the Constitution (Temporary, Transitional and Special Provisions) to strike a balance between national administration and local self-government.
• National Security: If the Government grants special status under the Sixth Schedule to Ladakh, the autonomy it would receive might prove detrimental to national security, given Ladakh’s strategic location in the vicinity of China.
• Ethno-Cultural Protection: However, the ethno-cultural aspects of Ladakh must also be protected through an efficient and autonomous local government.
• Directly Elected Legislative Authority: Against this backdrop, the proposal to provide a directly elected legislative authority appears more rational, as it would not only ensure adequate and proper political representation but also involve the local population in the decision-making process.
• Proposed Structure: The proposed structure may place this body above the existing Ladakh Autonomous Hill Development Councils (LAHDCs), while retaining panchayats and district-level institutions.
• Role of Lieutenant Governor: However, the role of the Lieutenant Governor after the constitution of this authority is yet to be clearly defined.
• Financial Autonomy: Further, the extent of powers that the said authority might enjoy, particularly in terms of financial autonomy, remains to be seen.
• Legislative Powers: As India is a functional federation in which financial and residuary powers are vested in the Union rather than the States, it remains to be decided whether the legislative authority would enjoy any such powers.

Constitutionality of the Proposal

• Constitutional Validity: Granting special status or providing a sui generis model of governance to a Union Territory is certainly constitutionally valid, as India’s constitutional governance practices equitable distribution of rights among States and other units within its territory.
• Principle of Proportionality: It also practises the principle of proportionality and may, therefore, provide special powers or status to a UT based on its location, developmental requirements and the need to protect its democratic identity.
• Special Provisions for Delhi: Earlier, through constitutional amendments, Parliament has made special provisions for the National Capital Territory of Delhi under Articles 239 AA and 239 AB.
• Parliament’s Power: This makes it clear that Parliament may grant special status to any UT.
• Article 371-K: Thus, the proposal to insert Article 371-K is expected to provide the required autonomy without adversely affecting the territorial integrity of the nation.

Way Forward

• Balance National Administration and Local Self-Government: The Government has proposed to insert Article 371-K in Part XXI of the Constitution to strike a balance between national administration and local self-government.
• Protect Ethno-Cultural Aspects: The ethno-cultural aspects of Ladakh must also be protected through an efficient and autonomous local government.
• Adequate Political Representation: The directly elected legislative authority would not only ensure adequate and proper political representation but also involve the local population in the decision-making process.
• Role of Lieutenant Governor: The role of the Lieutenant Governor after the constitution of this authority needs to be clearly defined.
• Financial Autonomy: The extent of powers that the said authority might enjoy, particularly in terms of financial autonomy, remains to be seen.

Conclusion

• Constitutional Balance: Granting special status or providing a sui generis model of governance to a Union Territory is constitutionally valid, as India’s constitutional governance practices equitable distribution of rights among States and other units within its territory.
• Ladakh: The proposal to insert Article 371-K is expected to provide the required autonomy without adversely affecting the territorial integrity of the nation.

UPSC Mains Practice Question

Q. Considering Ladakh’s unique ethnic composition and cultural specificity, examine the constitutional validity of providing a sui generis model of governance to a Union Territory through the proposed Article 371-K.