Polity

BJP MP from Ladakh demanded that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population

·        The Sixth Schedule under Article 244 provides for the formation of autonomous governmental divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and governmental autonomy inside a state.

·        ADCs have up to thirty members with a term of 5 years, and may create laws, rules and laws with reference to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, wedding and divorce, social customs and mining, etc.

·        The Bodoland Territorial Council in assam is an exception with over forty members and also the right to create laws on thirty-nine issues.

·        The Sixth Schedule applies to the North-eastern states of assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

Why does Ladakh want to be part of the Sixth Schedule?

·        Buddhist-dominated Leh district had long demanded UT standing because it felt neglected by the erstwhile state government, that was dominated by politicians from kashmir and Jammu.

·        There was a lot of enthusiasm initially, the most of in Leh, when the August five, 2019 choices that created 2 new Union Territories.

·        The enthusiasm waned because it was understood that whereas the UT of J&K would have a legislature, the UT of Ladakh wouldnt.

·        There had been four MLAs from the region within the erstwhile J&K Assembly; the administration of the region is currently completely within the hands of bureaucrats.

·        To several in Ladakh, the govt currently looks even a lot of distant than Srinagar.

·        Also, the modified domicile policy in Jammu and kashmir has raised fears within the region regarding its own land, employment, demography, and cultural identity.

·        The UT has 2 Hill councils in Leh and Kargil, however neither is under the Sixth Schedule.

·        Their powers are restricted to collection of some local taxes like parking fees and allotment and use of land vested by the Centre.

Can Ladakh be included in Sixth Schedule?

·        In Sept 2019, the National Commission for scheduled  Tribes suggested the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was preponderantly tribal (more than 97%), individuals from different elements of the country had been restricted from buying or acquiring land there, and its distinct cultural heritage required preservation.

·        Notably, no region outside the Northeast has been included within the Sixth Schedule.

·        In fact, even in manipur, that has preponderantly tribal populations in some places, the autonomous councils arent included within the Sixth Schedule.

·        Nagaland and Arunachal Pradesh, that are completely tribal, also are not within the Sixth Schedule.

·        Ladakh’s inclusion in the Sixth Schedule would be difficult.

·        The Constitution is very clear, Sixth Schedule is for the Northeast.

·        For tribal areas in the rest of the country, there is the Fifth Schedule.