Ladakh: Demand for Statehood & Sixth Schedule

General Studies Paper-2

Context

• Recently, renowned climate activist and Ramon Magsaysay Award winner Sonam Wangchukjoined a protest, demanding statehood for Ladakh and its inclusion in the Sixth Schedule of the Constitution.

Historical Background

• Historically, Ladakh was part of the erstwhile state of Jammu & Kashmir.
• For decades, Ladakhis felt politically marginalized, with decisions being made in Srinagarthat often overlooked the region’s unique cultural and ecological needs.
• After abrogation of Article 370, Ladakh was carved out as a UTwithout a legislature, under the Jammu and Kashmir Reorganisation Act, 2019.
  • It isgoverned directly by the Lieutenant Governor and the Ministry of Home Affairs (MHA), with limited local decision-making, unlike Delhi or Puducherry.
• However, the removal of Article 35A, which had offered some protection to Ladakh’s land and employment rights, left many feeling vulnerable.

Why Ladakh Became a UT?

• Cultural & Demographic Identity:Buddhist-majority Leh and Shia-majority Kargil are culturally distinct from the Sunni-majority Kashmir Valley.
• Security Considerations:Borders both Pakistan (PoK) and China (Aksai Chin); strategic sensitivity necessitated tighter central control.
• Developmental Goals: UT status intended to improve administrative efficiency, expedite infrastructure, and ensure direct central funding.

Constitutional Basis for State Formation

• Constitutional Provisions:
  • Article 3 of the Indian Constitution: Parliament may:
    • Form a new state by separating territory from any state or UT;
    • Unite two or more states or parts of states or UTs;
    • Alter the boundaries or names of existing states;
  • Key Requirements:
    • A Bill for reorganization needs to be introduced in Parliament only with the President’s recommendation;
    • If the proposal affects the area or boundaries of an existing state, the President needs to refer it to that state’s legislature for its views;
    • The views of the legislature are not binding; Parliament can proceed regardless.

Sixth Schedule Safeguard

• The Sixth Schedule of the Indian Constitution, under Article 244(2) and Article 275(1),provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
• It allows for the creation of Autonomous District Councils (ADCs)and Regional Councils with legislative, executive, and financial powers over land, public health, agriculture, and local customs.
• Government Mandates and Committees:The MHA constituted a High Powered Committee (HPC) in 2023, chaired by Minister of State for Home Affairs Nityanand Rai. The committee’s mandate includes:
  • Exploring constitutional safeguards for Ladakh;
  • Strengthening the LAHDCs of Leh and Kargil;
  • Ensuring protection of land, employment, and cultural identity;
  • Facilitating inclusive development and fast-track recruitment;
• The National Commission for Scheduled Tribes (NCST),in its 119th meeting, recommended that Ladakh be brought under the Sixth Schedule.
  • Ladakh has over 97% of its population belonging to Scheduled Tribes and the need to preserve its agrarian and cultural rights.

Related Concerns & Challenges

• Political Mandates:UTs without legislatures lack elected representation and local lawmaking powers.
  • Decisions are made by centrally appointed administrators, often disconnected from local realities.
• Cultural and Regional Identity:UTs with distinct ethnic or tribal populations seek constitutional safeguards and self-governance.
• Developmental Equity:Statehood can unlock greater financial devolution and institutional infrastructure.
• Employment and Representation:Locals are demanding a Public Service Commission and job reservations to ensure equitable access.
• Legal and Constitutional Hurdles:The Sixth Schedule currently applies only to certain northeastern states.
  • Extending it to a UT like Ladakh would require constitutional amendments and political consensus.
• Administrative Complexity:Ladakh already has two LAHDCs in Leh and Kargil. Integrating these with Sixth Schedule provisions would require careful restructuring to avoid jurisdictional conflicts.

Measures Notified by Union Government for Ladakh

• Reservation in Government Jobs: 85% reservation for resident Ladakhis in government employment;
  • Of this, 80% reserved for STs;
  • Additional quotas:4% for residents along the LAC and LoC;
    • 1% for SCs; and 10% forEWS;
  • Total reservation reaches 95%, among the highest in India.
• Domicile Criteria:Individuals need to prove 15 years of continuous residence in Ladakh from October 31, 2019 (the day Ladakh became a UT), to qualify as a domicile.
  • Children of Central government employees, All India Services officers, and PSU staff posted in Ladakh are eligible under specific conditions.
• Women’s Political Representation:One-third of seats in Ladakh’s Autonomous Hill Development Councils (LAHDCs) reserved for women on a rotational basis.
• Official Languages:Ladakh now officially recognizes English, Hindi, Urdu, Bhoti, and Purgi.
  • It affirms linguistic diversity and cultural preservation.
• Regulatory Amendments:
  • Ladakh Reservation (Amendment) Regulation, 2025;
  • Ladakh Civil Services Decentralisation and Recruitment (Amendment) Regulation, 2025;
  • Ladakh Official Languages Regulation, 2025;
  • Ladakh Autonomous Hill Development Councils (Amendment) Regulation, 2025.
• These provisions mirror similar protections in northeastern states like Mizoram and Arunachal Pradesh, where tribal populations enjoy over 80% reservationin public employment.

Road Ahead

• While the Constitution provides the legal framework, the transition from UT to statehood is ultimately a political decision. It requires:
  • Presidential recommendation;
  • Parliamentary approval through a reorganization bill;
  • Strategic alignment with national interests and regional aspirations.