In the news

• A shutdown and protest rally in Ladakh recently demanded statehood for the newly created Union Territory (UT) and its inclusion in the Sixth Schedule of the Constitution.
• This highlights a broader issue concerning governance and autonomy in the region.

Centre’s Offer to Ladakh Representatives

• Article 371-like Protections: MHA offered to extend Article 371-like protections to Ladakh, addressing concerns raised by the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA).
• Exclusion from Sixth Schedule: While acknowledging concerns, the government opts against including Ladakh in the Sixth Schedule, indicating a different approach to address regional issues.

Background: Ladakh’s Governance Post Article 370 Repeal

• Recognition as Union Territory: Post the repeal of Article 370, Ladakh was recognized as a separate Union Territory “without legislature,” akin to UTs like New Delhi and Pondicherry.
• Demand for Sixth Schedule Inclusion: Organizations like ABL and KDA have advocated for Ladakh’s inclusion under the Sixth Schedule, seeking greater autonomy in governance.

What is the Sixth Schedule?

• Article 244 in Part X of the Constitution outlines a special system of administration for designated ‘scheduled areas’ and ‘tribal areas.’
• The Fifth Schedule deals with scheduled areas and tribes in states except Assam, Meghalaya, Tripura, and Mizoram (ATM2).
• The Sixth Schedule focuses on tribal areas in these four northeastern states.

Salient Features of Sixth Schedule:

(1) Autonomous Districts

• Tribal areas are constituted as autonomous districts within the executive authority of the state.
• The governor holds powers to organize and re-organize these districts, including boundary changes and division into autonomous regions.

(2) District and Regional Councils:

• Each district council consists of 30 members, including nominated and elected
• Regional councils also exist within autonomous regions.
• These councils administer areas under their jurisdiction, making laws on specific matters with the governor’s assent.
• They can establish village councils or courts for dispute resolution, with specified jurisdiction over appeals.
• District councils manage various facilities and services within their areas, including education and healthcare.
• They also have the authority to impose taxes and regulate certain activities.

(3) Laws Exemptions and Modifications:

• Acts of Parliament or state legislatures may not apply directly or may apply with modifications.
• The president or governor holds the power of direction in this regard, depending on the region.

(4) Governor’s Authority:

• The governor may appoint a commission to examine and report on matters concerning autonomous districts or regions.
• He/she also has the authority to dissolve a district or regional council based on commission recommendations.

Tribal Areas under Sixth Schedule

• Assam: North Cachar Hills District, Karbi Anglong District, Bodoland Territorial Areas District.
• Meghalaya: Khasi Hills District, Jaintia Hills District, Garo Hills District.
• Tripura: Tripura Tribal Areas District.
• Mizoram: Chakma District, Mara District, Lai District.

Reasons for such Demands in Ladakh

• Cultural Autonomy: Tribes in Assam, Meghalaya, Tripura, and Mizoram maintain distinct cultures, customs, and civilizations. Unlike tribes in other parts of India, they have not assimilated much with the majority population.
• Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
• Autonomy and self-governance: Extending the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
• Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.

Challenges posed by this demand

• Fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
• Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.

Conclusion

• While stopping short of Sixth Schedule inclusion, MHA’s move demonstrates a commitment to balancing local autonomy with national governance priorities.
• If implemented, it would mark the first instance of special provisions being introduced for a Union Territory, potentially setting a precedent for future governance arrangements in such regions.

Try this PYQ from CSE Prelim 2015:

Q.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to:

(a) Protect the interests of Scheduled Tribes

(b) Determine the boundaries between states

(c) Determine the powers, authorities, and responsibilities of Panchayats

(d) Protect the interests of all the Border States

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