Ladakh, is a large area of the northern and eastern Kashmir region, the northwestern Indian subcontinent. Administratively, Ladakh is divided between Pakistan (northwest), as part of Gilgit-Baltistan, and India (southeast), as part of Ladakh union territory (until October 31, 2019, part of Jammu and Kashmir state); in addition, China administers portions of northeastern Ladakh.[1]
After the partition, Pakistan and China unlawfully occupied 78,114 sq. km and 37,555 sq. km of the region, respectively, while the remaining state area acceded to India. Additionally, Pakistan illegally transferred 5,180 sq. km of this land to China. Ladakh, which included the current districts of Leh and Kargil, was one of the state’s seven districts. In 1979, during a district reorganisation, Ladakh was split into two fully developed districts: Leh and Kargil.
The Jammu and Kashmir Reorganisation Act, 2019[2] was a landmark legislation passed by the Indian Parliament that effectively reorganized the state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh. The Act came into effect on October 31, 2019, following the abrogation of Article 370 of the Indian Constitution, which granted Jammu and Kashmir special autonomous status.
The Act provides for the reorganisation of the state of Jammu and Kashmir into the union territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature). With the introduction of this amendment, the people of Ladakh are concerned about their lack of say in the decision-making process about their state affairs, which is controlled by the bureaucracy and the Union Ministry of Home Affairs.
In the previous system, Ladakh had adequate representation in the Government of J&K, but this is not currently the case. As a result, in February 2024, a body representing all eight tribes of Ladakh presented four demands: full statehood for Ladakh, inclusion in the Sixth Schedule, the establishment of a Public Service Commission in Ladakh to secure jobs, and two seats in the Parliament.[3]
According to the 119th meeting of the National Commission for Scheduled Tribes which was held on 11th September 2019 under the Chairmanship of Dr. Nand Kumar Sai to deliberate the issue of inclusion of UT of Ladakh under the Fifth/Sixth Schedule of the Constitution of India, the commission reports that the total tribal population in Ladakh region is more than 97 per cent.[4] These communities seek protection under the Sixth Schedule of the Indian Constitution[5], which safeguards the rights and interests of tribal communities in four northeastern states (currently consisting of Assam, Meghalaya, Tripura, and Mizoram).
The people of Ladakh are protesting and asking to be included under this schedule as these four states because Ladakh has a unique culture and tradition. They worry outside influences may disrupt their way of life. Sixth Schedule status offers autonomy, preserves culture, protects land rights and boosts funding for Ladakh’s development. In a ground report by ANI, Legal Adviser of Ladakh Apex Body(LAB) and Kargil Democratic Alliance(KDA), highlighted the weakening of powers and lack of representation in the Assembly since Ladakh became a Union Territory.[6]
Autonomy and Governance
With the most recent amendments to the Sixth Schedule, a population of 10 million tribes has been identified in the regions of Meghalaya, Tripura, Mizoram, and Assam that fall under the Sixth Schedule’s umbrella.[7] The Sixth Schedule to the Constitution of India provides autonomy and self-governance to the Scheduled Tribes residing in the hill regions of Northeast India.
There are ten districts in India designated as Sixth Schedule districts due to their high concentration of tribal regions thus allowing them to continue their tribal traditions untouched by the outside world. District and Regional Councils under the Sixth Schedule can create laws on forest management, and property inheritance, and regulate money-lending by non-Scheduled Tribe residents.
They collect land revenue, impose taxes, grant mineral extraction licenses, and manage primary schools, dispensaries, and infrastructure. The above can be summarised as the following: Ladakh is now a Union Territory with reduced legislative representation. There’s a proposal to include it in the Sixth Schedule to protect its culture and livelihoods.
Even before the Reorganisation Act, the people of Ladakh had been advocating for greater political representation and autonomy. They argued that, as part of Jammu and Kashmir, they are a minority within the state, and the needs of Ladakh do not align with the priorities of the state government. Additionally, tensions between the Buddhist and Muslim populations in Ladakh have intensified calls for greater autonomy, as many Buddhists, in particular, feel marginalised by a state government that has a Muslim majority.[8]
For many years, the Dogra community of Jammu and the Buddhists of Ladakh have voiced strong demands for domicile rights to secure their place and representation within the region.[9] However, the recent enactment of legislation has raised concerns regarding the further marginalization of these groups. This development threatens to diminish their already limited rights and influence in the state government, leaving them feeling increasingly underrepresented and sidelined in the political landscape of the area. Before 2019, Ladakhi youth had good job opportunities in Jammu and Kashmir. Post-separation, these opportunities have become scarce.[10]
On March 4, the Leh Apex Body and Kargil Democratic Alliance met with Ministry of Home Affairs officials and Union Home Minister Amit Shah, agreeing to grant 80% reservations in Gazetted jobs to ST holders in Ladakh.[11] They also agreed to extend the Jammu and Kashmir Public Service Commission (JKPSC) to Ladakh. However, these issues have not yet been addressed, which is causing a sense of deprivation among the people.
The Government’s Reluctance
This raises the question of why the government is hesitant to grant statehood and Sixth Schedule inclusion to this region. One of the main contentions is The India-China dispute along the LAC influenced India’s decision to retain Ladakh as a Union Territory, allowing for better security and infrastructure management due to its sensitive border with China. Ladakh shares a long and sensitive border with China, particularly in areas like Aksai Chin (occupied by China) and the Galwan Valley, where tensions have frequently flared. The long-standing ongoing India-China border dispute in Ladakh, including the 2020 Galwan Valley clashes, underscores the region’s volatility.[12] By separating Ladakh from Jammu and Kashmir and designating it as a centrally administered UT, the government may have aimed to enhance its ability to respond to and manage border security issues without interference from local political dynamics.
But China has declined to acknowledge the newly established Union Territory of Ladakh, partly asserting that India has incorrectly incorporated the Chinese-controlled Aksai Chin into Ladakh.[13] Perhaps the government hopes to fulfil their vows to take back Chinese-administered Aksai Chin during the 2016 elections[14], with the revocation of article 370. The Indian government’s reluctance to grant Sixth Schedule status to Ladakh likely stems from security concerns and the need for direct control over a region critical to India-China relations.
One drawback of granting sixth schedule status is the potential misuse by current councils, which have been known to misappropriate funds and violate regulations. According to Goswami (2013), the Meghalaya Human Development Report 2008 reveals a concerning trend of sluggish development within the state of Meghalaya. This report identifies poor health conditions as a major factor in the region’s stagnation. Mismanagement of Autonomous District Councils, especially the misuse of development funds, hinders growth. Local bodies under the Sixth Schedule access funds more flexibly through State Finance commissions, but some officials exploit their roles without limitations.
Furthermore, another concern that has been recognized with the operation of autonomous councils in tribal regions is the disregard for rules and laws for personal gain and advantage. According to Sen (2013), council members are often found engaging in favouritism, which undermines the purpose for which the council was established. Along with this, there have been several conflicts between the centre, state legislatures and district councils. It should be understood that even if a region is granted certain powers and autonomy, it cannot supersede central laws.
This is evident in the case of Lala Hari Chand Sarda vs Mizo District Council & Anr (1966)[15] where the central question was whether District Council regulations, enacted under the Sixth Schedule regulations, could override existing central laws. The court ruled that District Council regulations cannot supersede central laws. The Sixth Schedule grants autonomy, but this case establishes a boundary. Even if Ladakh is included, a Ladakhi District Council would have to operate within the framework of central laws.
The Way Forward
While the centre is extremely reluctant to include Ladakh in the sixth schedule, it is considering granting Article 371-like protection to the Union Territory. During their meeting with Union Home Minister Amit Shah on Monday, the Leh Apex Body and Kargil Democratic Alliance expressed concerns about land, jobs, and culture.[16] The minister assured them that these concerns would be addressed through special provisions under Article 371 of the Constitution. Ladakh’s struggle for inclusion in the Sixth Schedule highlights a struggle between the government and the aspirations of its people.
[1] Ladakh, Britannica, https://www.britannica.com/place/Ladakh.
[2] The Jammu and Kashmir Reorganisation Act, 2019, No. 34, Acts of Parliament, 2019 (India), https://igr.jk.gov.in/files/J&K%20Reorganisation%20Act,%202019.pdf.
[3] Ladakh Leaders Demand Statehood, The Wire (Feb. 13, 2024), https://thewire.in/government/ladakh-five-districts-statehood-zanskar-drass-sham/?mid_related_new.
[4] Press Information Bureau, Ladakh and its Demographics, PIB (Aug. 6, 2019), https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1584746#:~:text=The%20official%20figures%2C%20however%2C%20does,Balti.
[5] Article 244 of the Indian Constitution, Ministry of Education, https://www.education.gov.in/article-244.
[6] Amid Freezing Cold, March in Ladakh for Statehood, ANI News (Feb. 4, 2024), https://aninews.in/news/national/politics/amid-freezing-cold-march-in-ladakh-for-statehood20240204155238/.
[7] Anup Surendranath, Article 370 and Constitutional Autonomy, SSRN (2020), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3608831.
[8] Legal Rights of Indigenous Communities in Ladakh, eScholarship (UC), https://escholarship.org/content/qt6jf47597/qt6jf47597_noSplash_29a468177366ad74ea8043f219065d9a.pdf.
[9] Dogra Community in Jammu Protests Against New Domicile Law, The Kashmiriyat, https://thekashmiriyat.co.uk/dogra-community-in-jammu-up-in-arms-against-the-new-domicile-law/?utm_source=chatgpt.com.
[10] Ladakh’s Youth Lose Public Employment Access Post UT Status, The Wire (Jan. 15, 2024), https://thewire.in/rights/with-ladakh-as-ut-local-youth-lost-all-access-to-public-employment.
[11] Govt. Considers Article 371-like Shield for Ladakh, Indian Express (Feb. 27, 2024), https://indianexpress.com/article/india/govt-considers-art-371-like-shield-for-ladakh-9198036/.
[12] China-India Border Dispute: What to Know, Council on Foreign Relations (Mar. 2024), https://www.cfr.org/in-brief/china-india-border-dispute-what-know.
[13] India-China Ladakh Border Standoff, Indian Express (Sept. 17, 2020), https://indianexpress.com/article/india/india-china-ladakh-lac-6637632/.
[14] Kashmir’s Impact on India-China Relations, The Telegraph India (Aug. 20, 2023), https://www.telegraphindia.com/opinion/kashmir-casts-a-long-shadow-on-india-china-relations/cid/1704482.
[15] Novartis AG v. Union of India, Supreme Court of India, GNA Case Laws, https://www.gnaipr.com/GNACaseLaws/Judgement_Glivec.pdf.
[16] Ladakh, Article 371, and the Sixth Schedule, Indian Express (Feb. 28, 2024), https://indianexpress.com/article/explained/explained-politics/ladakh-article-371-and-the-sixth-schedule-of-the-constitution-9199902/.
Author: Sudhiksha is a BA LLB (Hons) student at PES University.
