Demand for Sixth Schedule Status in Ladakh
General Studies Paper II: Constitutional Amendments, Co-operative Federalism |
Why in News?
Recently, a 15-day ongoing hunger strike and a peaceful protest led by Sonam Wangchuk, to include Ladakh under the Sixth Schedule of the Constitution has turned intense. Protesters set fire to some regional offices and also engaged in stone-pelting and property damage.
- The central government attributed part of the unrest to misleading statements made by Wangchuk.
- The Ladakh High-Power Committee meeting, scheduled for 6 October 2025, will include representatives from LAB, Kargil Democratic Alliance, and the Home Ministry.
What is the Sixth Schedule of the Constitution of India?
- About: The Sixth Schedule under Article 244 of the Indian Constitution provides special provisions for the administration of tribal areas in certain states of India. It was added to the Constitution to protect the cultural, political, and economic rights of tribal communities. The objective is to allow these areas to maintain their traditional practices while being integrated into the Indian governance system. The Sixth Schedule came into effect in 1950, after India adopted the Constitution.
- Purpose: The main purpose of the Sixth Schedule is to ensure autonomy and self-governance for tribal regions. It aims to preserve tribal identity, customs, and land rights. The Schedule also seeks to empower local councils to legislate and manage resources in their areas. This ensures that tribal communities can make decisions without undue interference from the state government.
- States Covered: The Sixth Schedule currently applies to four states in Northeast India: Assam, Meghalaya, Tripura and Mizoram. These states have regions designated as Autonomous Districts and Autonomous Regions. The government can extend these provisions to other tribal areas if necessary through legislation.
- Autonomous District Councils (ADCs): The Schedule provides for the creation of Autonomous District Councils (ADCs). These councils act as self-governing bodies at the district level. Each ADC (30 members: 4 nominated by the Governor + 26 elected on the basis of adult franchise) has a Chairperson and members elected or nominated by the tribal population. The councils have many powers to make laws within their districts. The state government cannot override these powers without the consent of the President of India.
- Powers of the Councils: ADCs have both legislative and executive powers. Some important powers include:
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- Regulation of land in the district, including sale and transfer.
- Management of forests and natural resources.
- Control over village administration and local customs.
- Authorization of taxes on certain trades and services.
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- Governor: The Governor of the state has an important role under the Sixth Schedule. The Governor can recommend changes, approve council laws, and coordinate with the central government. In case of disputes, the Governor has the authority to intervene and resolve conflicts between the ADCs and the state government.
- Tribunals: The Sixth Schedule provides for tribunals to settle disputes within the autonomous areas. These disputes may involve land, customs, or administrative matters. The President of India can establish tribunals for fair resolution. This mechanism ensures justice and harmony among tribal communities.
Why is Ladakh Demanding Inclusion in the Sixth Schedule of the Constitution?
- Fear of Losing Rights: Ladakh became a separate Union Territory in August 2019 after the abrogation of Article 370 and the reorganization of Jammu and Kashmir. Since then, people of Ladakh have demanded constitutional safeguards to protect their land, culture, and resources. The absence of a state legislature in Ladakh has raised concerns of limited political representation and inadequate protection of local interests.
- Protection of Tribal Culture: Around 97% of Ladakh’s population belongs to Scheduled Tribes, including Buddhists, Shia Muslims, and other ethnic groups. The people fear that their distinct cultural identity, traditions, and language could weaken without legal protection. The Sixth Schedule allows tribal councils to preserve customs, practices, and religious institutions, which is why Ladakhis see it as essential for cultural survival.
- Environmental Concerns: Ladakh is located in a high-altitude Himalayan ecosystem that is extremely fragile. Unregulated industrial activity and tourism can harm the environment. Activists argue that the Sixth Schedule can empower local councils to regulate forests, water, and natural resources. This would help balance development with environmental sustainability.
- Economic Safeguards: Ladakhis also fear economic marginalization. The administration of UT of Ladakh has failed to create local employment opportunities for youth of Ladakh. The Sixth Schedule framework could protect Ladakhi businesses from external competition. Without safeguards, locals worry that outside investors could dominate tourism, mining, and infrastructure projects.
Challenges in Including Ladakh under the Sixth Schedule of the Constitution
- Constitutional Hurdles: The inclusion of Ladakh under the Sixth Schedule would require a constitutional amendment. The Sixth Schedule currently applies only to the northeastern states (Assam, Meghalaya, Tripura, Mizoram). Changing that provision demands approval by two-thirds of both Houses of Parliament. The process takes time. It faces political disagreements.
- Overlap with Existing Local Bodies: Ladakh already has local governance through the Ladakh Autonomous Hill Development Councils (LAHDC) in Leh and Kargil. These bodies perform many administrative functions. Introducing Autonomous District Councils under the Sixth Schedule may cause jurisdictional overlap. These overlaps could slow development and create confusion among officials.
- Fiscal Dependence: Autonomous District Councils under the Sixth Schedule need funds to function. They require financial autonomy. Ladakh, as a Union Territory, depends heavily on central budgetary grants. Local revenue sources are weak due to sparse population (approx 3 lakh people) and harsh terrain.
- Security Concerns: Ladakh shares sensitive borders with China and Pakistan. The central government prioritizes national security. Granting broader autonomy could complicate control over border security, infrastructure, and military movement. Officials may worry that local bodies under Sixth Schedule may not align quickly with central plans during crises. These concerns slow any decision on inclusion.
Way Forward
- Strengthening Dialogue: The central government should open a structured constitutional dialogue with Ladakh’s stakeholders. The High-Power Committee formed in 2022 has met several times but no breakthrough has emerged. A clear timeline for decision-making should be announced. Transparent dialogue would also assure people that their concerns on land, jobs, and cultural identity are being seriously addressed.
- Empowering LAHDCs: Instead of creating an entirely new structure, the government can expand the powers of Ladakh Autonomous Hill Development Councils (LAHDCs) in Leh and Kargil. These councils, formed in the 1990s, already manage local governance. Granting them additional authority over land regulation, environment, and trade could work as a midway solution. This would provide autonomy without lengthy constitutional amendments.
- Ensuring Balanced Development: The Bodoland Territorial Council in Assam used special laws even before broader constitutional recognition. Ladakh can adopt similar steps. Decentralizing financial powers gradually will ensure smooth transition when autonomy is granted. This balance will ensure that while Ladakh gains autonomy in cultural and developmental matters, the central government retains necessary control for security.
Also Read: The Jammu and Kashmir Reorganisation Amendment Bill 2025 |