— Dileep P Chandran

Recently, protest rallies were held in Ladakh over the demand for statehood and safeguards under the Sixth Schedule of the Constitution. The issue dates back to 2019, when Article 370 was repealed and the erstwhile state of Jammu and Kashmir was bifurcated into two Union Territories: Jammu and Kashmir, and Ladakh.

Why has there been a consistent demand to include Ladakh under the Sixth Schedule? What are the provisions of the Sixth Schedule under the Constitution, and how does it differ from the Fifth Schedule in terms of governance, autonomy, and institutional mechanisms? 

The issue of Ladakh’s inclusion under the Sixth Schedule goes back to 2019, when Article 370 was revoked, which gave special status to Jammu and Kashmir. Article 35A, which empowered the Jammu and Kashmir legislature to define the permanent residents of the state, and their special rights and privileges, was also abrogated. 

Subsequently, the Jammu and Kashmir Reorganisation Act, 2019 was passed and Jammu and Kashmir was bifurcated into two Union Territories –  Jammu and Kashmir with a legislature and Ladakh without one. These changes fundamentally altered the federal relations between the Union and region. 

The sparsely populated Himalayan region of Ladakh originally had two districts – Leh and Kargil. In August 2024, five new districts were added: Zanskar, Drass, Sham, Nubra, and Changthang. Ladakh is represented by a single Lok Sabha constituency. 

Since Ladakh is a Union Territory without a legislature, protesters allege that the absence of a legislature since 2019 has deprived the ecologically fragile region of meaningful participation in decision-making related to land, employment, and development policies. 

The perceived loss of control over land, employment, ecosystem, and culture is claimed to be the root of agitation. The demand for inclusion under the Sixth Schedule also stems from the fact that over 90 per cent of Ladakh’s population belongs to the Scheduled Tribes. This demand also needs to be understood in the broader constitutional context.

Although some members of the Constituent Assembly were apprehensive of providing too much autonomy to tribal areas, the Constitution designed the Sixth Schedule to preserve the tribal identities, land, resources, and customs. The Sixth Schedule was enacted under Articles 244(2) and 275(1) of the Constitution. 

Article 244(2) provides for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. Article 275(1) provides grants-in-aid from the Union to certain States for the purpose of promoting the welfare of the Scheduled Tribes in that State or raising the level of administration of the Scheduled Areas therein to that of the administration of the rest of the areas of that State.

The Sixth Schedule establishes a unique administrative framework in tribal areas of the four Northeastern states in order to preserve their distinctive identities, culture, rights, and resources. The constitutional safeguard grants them significant autonomy in legislative, administrative, and judicial spheres. 

Under the Sixth Schedule, Governors of states are empowered to constitute Autonomous District Councils (ADCs) for each autonomous district. Each ADC consists of not more than 30 members, of whom four are nominated by the Governor and the rest are elected on the basis of universal adult franchise. 

The elected members hold office for a term of five years, whereas nominated members hold office at the pleasure of Governors. Governors can also constitute Regional Councils (RCs) for autonomous regions within districts, which are inhabited by different Scheduled Tribes. Although all councils do not enjoy uniform powers and functions, following are the general powers of ADCs and RCs: 

While this framework underlines the autonomy envisioned under the Sixth Schedule, it is not the only constitutional mechanism designed to safeguard tribal interests.

Interests of tribal communities in most parts of the country are also safeguarded under the Fifth Schedule of the Constitution. As per Article 244(1), the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Tripura, and Mizoram. 

However, the Fifth Schedule, in comparison to the Sixth Schedule, offers only a limited degree of protective autonomy, with decision-making authority largely retained by the state and Governor. In addition, some states are accorded temporary, transitional, and special powers under Articles 371(A-J) in Part XXI of the Constitution. These powers are tailored in response to the state’s distinctive political and cultural contexts. 

Notably, the demand for inclusion under the Sixth Schedule has been recurring since six ADCs were constituted in Manipur in 1971. In the case of Ladakh, the demand is justified on several grounds, such as addressing the perceived representation deficit, strengthening democratic institutions, resolving economic hurdles like unemployment, preserving the fragile Himalayan ecology, and building resource sovereignty. 

Conversely, those who are apprehensive of the move raise concerns, such as constitutional hurdles, administrative feasibility, and, most significantly, strategic and security concerns in the sensitive border region. The experiences of other regions under the Sixth Schedule offer a context. 

The regions governed under the Sixth Schedule indicate that constitutional safeguard doesn’t necessarily resolve underlying socio-political and administrative issues. Some have witnessed challenges, such as intra-ethnic tussles, friction between state governments and councils, conflict of interests between ADCs within state, misutilisation of funds, limited fiscal capacity, and limited decentralisation at the village level.

Against this backdrop, it may be argued that Ladakh’s call for autonomy under the Sixth Schedule needs to be accompanied by robust institutional mechanisms, financial accountability, meaningful decentralisation, coordination between different tiers of government, and sustainable resource management. 

In addition, the fact that Ladakh shares borders with China and Pakistan cannot be overlooked. From a security perspective, centralisation often allows swift decision making, and reduces political friction on matters such as national defence and security infrastructure. Hence, the Union Government tends to prioritise centralised administrative control over local aspirations for greater autonomy. 

Yet, the demand for inclusion under the Sixth Schedule reflects broader aspirations for constitutional and institutional self-governance. Moreover, involving the stable and local communities in governance may help strengthen security in the border region by enhancing trust and responsiveness. 

Examine the reasons behind the persistent demand for inclusion of Ladakh under the Sixth Schedule of the Constitution. Discuss in the context of recent constitutional and administrative changes.

Discuss the key features of the Sixth Schedule of the Indian Constitution. How does it differ from the Fifth Schedule in terms of governance and autonomy?

The Sixth Schedule is often seen as a tool for protecting tribal identity. Examine with reference to Ladakh and other regions.

Environmental fragility and resource sovereignty have emerged as central concerns in Ladakh’s political discourse. Discuss how constitutional mechanisms like the Sixth Schedule address these issues.

Balancing regional autonomy with national security poses a significant challenge in border regions like Ladakh.
Discuss with suitable examples.

(Dileep P Chandran is an Assistant Professor at the Department of Political Science in P M Government College, Chalakudy, Kerala.)

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