Why in News?
- Recently, the Ministry of Home Affairs formed a high-powered committee for the Union Territory of Ladakh to “ensure protection of land and employment” for the people of Ladakh.
- As per the few members of the committee, the MHA’s order is blurred and does not address their demand for inclusion in the Sixth Schedule.
- In September 2019, the National Commission for Scheduled Tribes proposed the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (over 97%) and its distinct cultural heritage required preservation.
What Is The Need For Inclusion In The 6th Schedule?
- The UT of Ladakh’s administration is now fully under the hands of bureaucrats. The government now seems even more distant than Srinagar.
- Jammu and Kashmir’s changed domicile policy has raised concerns in the region about its employment, land, demography and cultural identity.
- In Leh and Kargil, the UT has two Hill councils, but neither is covered under the Sixth Schedule. Their power is limited to the collection of some local taxes, like parking charges, and the allotment and use of land vested to them by the Centre.
About Sixth Schedule-
- Article 244- The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions, Autonomous District Councils (ADCs)- that have some legislative, judicial, and administrative autonomy inside a state.
- The Sixth Schedule covers special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
- Autonomous Districts- The tribal areas in these four states have been formed as autonomous districts. The governor is authorized to organise and re-organise the autonomous districts.
- The acts of Parliament and the state legislature do not apply to autonomous districts or apply with specified modifications and exceptions.
- In this regard, the power of direction lies either with the President or Governor.
- District Council- Each autonomous district has a district council comprise 30 members, of whom 04 are nominated by the Governor and the remaining 26 are elected on the basis of adult franchise.
- The elected members hold office for a term of 05 years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.
- Each autonomous region also has a separate regional council.
- Powers of the Council- The district and regional councils administer the areas under their jurisdiction.
- They can make laws on certain specified matters such as land, forests, canal water, shifting cultivation, village administration, the inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the Governor.
- They can create village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of the high court over these suits and cases is specified by the governor.
- The district council can set up, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
- They are permitted to evaluate and collect land revenue and to impose certain specified taxes.
Why does Ladakh want to be part of the Sixth Schedule?
- Tribal populations- As per the 2011 Census, the tribal population in the UT of Ladakh is 79.61 percent of the total population.
- Local aspirations- Initially there was much enthusiasm, mainly in Leh, after the repeal of Article 370 which created two new UTs.
- Negligence in erstwhile J&K state- Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the previous state government.
- Denial of Legislature- The enthusiasm disappeared as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
- Poor representation- The administration of the region is now entirely in the hands of bureaucrats with only 01 MP.
- New domicile criteria- The changed domicile policy in Jammu and Kashmir has raised concerns in the region about its own land, employment, demography, and cultural identity.
- Statehood demands- A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.