"Article 240 regulations offer flexibility but not permanence." Critically examine the Centre's approach to Ladakh's demand for Sixth Schedule status.
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Ladakh became a Union Territory without a legislature in 2019. Since then, it has asked for Sixth Schedule protection. The Centre has instead used presidential regulations under Article 240 [3]. These are quick to issue but just as easy to undo.
Strengths of the Centre's approach (flexibility)
- Speed of delivery: The regulations raised ST reservation from 45% to 84%. They gave one-third reservation for women in hill councils, made Bhoti and Purgi official languages and started recruitment for 1,800 posts [2].
- No constitutional amendment needed: The June 2025 rules were issued under Article 240 read with Section 58, J&K Reorganisation Act, 2019 [3]. This skipped a long amendment process.
- Strategic caution: Ladakh borders China and Pakistan. Central control protects defence land and infrastructure along the LAC.
- Talks continue: The MHA keeps the High Powered Committee (2023) open for talks with LAB and KDA [4]. The proposed elected UT-level body would also add local representation [1].
Weaknesses (no permanence)
- The Centre can reverse them alone: The Union executive can change or withdraw Article 240 regulations without Parliament. So the gains do not build lasting trust.
- Expert advice set aside: In 2019, the NCST recommended the Sixth Schedule for Ladakh, to share power democratically and protect land [5].
- Final say stays with the Centre: The new body's laws take effect only after the L-G's assent. The delimitation formula (population alone, or population plus area) is still undecided. This could cause friction between Leh and Kargil [1].
- Trust deficit: Protests in Leh turned violent in September 2025, and restrictions followed [2].
Caveat: the Sixth Schedule is no cure-all
- In the North-East, Autonomous District Councils are short of funds [7]. The pending 125th Amendment Bill, 2019 proposes Finance Commission support for councils and elections run by State Election Commissions [6].
Way forward
- Write the elected body into the Constitution, for example through an Article 371-type provision. Defence and border land would stay with the Centre, while land, jobs and culture would go to the local body.
- Guarantee the body's funds. Set a time limit for the L-G's assent. Agree the delimitation formula in law with both LAB and KDA.
The Centre's approach has delivered quick results but not lasting security. A constitutional guarantee with clearly divided powers would make these gains permanent. It would also balance national security with the constitutional values of federalism and tribal self-governance.
Sources
- 1Centre's plan for Ladakh: L-G to have final authority over laws made by a proposed elected body (The Hindu, 21 Oct 2026)draft framework, L-G's assent, open delimitation questions
- 2Centre engaged with Leh, Kargil Democratic Alliance on 6th Schedule, statehood (All India Radio, reporting an MHA statement, 25 Sep 2025)ST quota 45%→84%, women's reservation, Bhoti/Purgi, 1,800 posts, Leh violence and restrictions
- 3MHA Annexure M: Ladakh Civil Services Decentralization and Recruitment (Amendment) Regulation, 2025issued under Article 240 read with Section 58, J&K Reorganisation Act, 2019
- 4PIB (MHA): Government has always been open for dialogue on Ladakh matters with ABL and KDAdialogue through the HPC
- 5National Commission for Scheduled Tribes: 2019 recommendation on LadakhSixth Schedule recommended for Ladakh
- 6PRS Bill Summary: Constitution (125th Amendment) Bill, 2019%20Amendment%20Bill,%202019.pdf) — Finance Commission support, elections by State Election Commissions
- 7Standing Committee on Home Affairs, 223rd Report on the Constitution (125th Amendment) Bill, 2019 (5 Mar 2020)%20bill.pdf) — funding shortfall in Autonomous District Councils
Practice
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