Article 371(K) for Ladakh: What It Means, Key Provisions and Sixth Schedule Link

A new constitutional clause Article 371(K) has been suggested by the Centre for the region of Ladakh in a very important move where the region had always demanded some form of protection. This suggestion has come after the discussions between the Ministry of Home Affairs and the LAB and KDA of the region.

This new arrangement can bring about a directly elected governing body that would have powers to legislate on issues like land, culture, language, forest, environment, natural resources, etc. However, the powers of this body have not yet been decided.

Why Does Ladakh Need Constitutional Safeguards?

Ladakh is a union territory that was separated from Jammu and Kashmir with no legislative assembly in August 2019.

Ladakh used to have four members in the legislative assembly of Jammu and Kashmir before its separation from Jammu and Kashmir. There were worries after its reorganisation as it was mostly run through a bureaucracy process.

Other worries included,

• Security of land and jobs
• Cultural and linguistic distinctiveness of Ladakh
• Ecological security
• Demographic changes
• Participation in democracy
• Powers of the Hill Councils

At present, there are two autonomous Hill Councils in Ladakh—one in Leh and another in Kargil—but they do not benefit from constitutional protections under the Sixth Schedule.

What Is the Sixth Schedule?

The Sixth Schedule of the Constitution, along with Article 244, offers special provisions for the tribal regions of Assam, Meghalaya, Mizoram and Tripura.

It provides Autonomous District Councils (ADCs) that have powers to legislate, administer, and even exercise judicial powers in certain matters. The ADCs may formulate laws with regard to issues such as land, forests, agriculture, administration of villages, social customs, and inheritance.

In 2019, the National Commission for Scheduled Tribes recommended inclusion of Ladakh under the Sixth Schedule due to the predominantly tribal nature and distinct culture of the region.

But Ladakh has not yet been placed under the Sixth Schedule.

What is Article 371?

Articles 371 to 371-J include certain special provisions of the Constitution for particular States. Such provisions have been made to take into account certain specific historical, cultural, political and economic considerations.

For instance, Article 371-A makes special provisions in respect of the State of Nagaland relating to the religious and social practices of the Nagas, their customary law and procedure, and the ownership and transfer of land and resources.

Article 371-G similarly makes special provisions in respect of the State of Mizoram, and Article 371-F in respect of Sikkim.

What Will Article 371(K) Be For Ladakh?

The provision of Article 371(K) will be a special provision of the Constitution which will be formulated keeping Ladakh in mind.

According to the discussion between the Central Government and the representatives of Ladakh on this proposed Article 371(K), a government elected directly by the people will get legislative powers on issues like,

• Land
• Culture and language
• Forests
• Environment
• Natural Resources

Thus, Ladakh’s representatives will get powers to make decisions on issues concerning their community and the Himalayan environment.

But as of now, no draft of Article 371(K) has been made public yet.

Difference Between Article 371(K) and Sixth Schedule

This difference is very important for exams like SSC CGL etc.

Sixth Schedule provides for constitutionally provided autonomous bodies in the districts with certain powers. Article 371(k) as it stands now seems to be a special constitution made for Ladakh only and not an extension of the sixth schedule in the union territory.

Final constitution and administration will depend upon the draft finally decided upon.

Some of the major issues pending are whether this proposed elected body will have,

• Executive powers
• Financial powers
• Planning power
• Police powers
• Law & order powers

Why Is Article 371(K) Significant?

The bill is important because it seeks to resolve the problem of Ladakh having greater representation and constitutional protection without necessarily making the UT fall under the provisions of the Sixth Schedule.

The proposal is also a possible new form of constitutional protection because the Ladakh UT is not a state.

For India’s federal structure and its constitutional system, the problem demonstrates how special measures may be taken into consideration when dealing with unique geographical, cultural, and political situations.