·The Hindu·15 marks·250–350 words

Compare the constitutional options available for addressing regional aspirations in Ladakh and Jammu & Kashmir.

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In this answer
  1. Options for Jammu & Kashmir
  2. Options for Ladakh
  3. Comparative snapshot

The J&K Reorganisation Act, 2019 split the former State into a UT with a legislature (J&K) and a UT without one (Ladakh) [2]. The two regions want different things. J&K wants its political power back, while Ladakh wants protection for its identity, land and jobs. So the constitutional options differ too.

Options for Jammu & Kashmir

  • Restore Statehood (Article 3): Parliament can re-form a State through an ordinary law [3]. In In Re: Article 370 (2023), the Supreme Court did not decide whether a State can be turned into a UT. It relied instead on the Centre's assurance that Statehood would return "as soon as possible" [1].
  • Keep the status quo (UT with a legislature): Police and public order stay with the LG [5]. This creates a "mandate without power", even after a 63.8% turnout and an NC-led majority [4].
  • Phased devolution: Hand over subjects with no security link first, while Central forces stay deployed. This middle path meets the Centre's security concerns.
  • Not an option: Bringing back Article 370. The Court upheld its abrogation and called it a temporary provision [1].

Options for Ladakh

  • Sixth Schedule (Art. 244(2)): Autonomous councils with law-making powers over land and customs. At present it covers only Assam, Meghalaya, Tripura and Mizoram [3].
  • Article 371-type special provisions: For example, Art. 371A protects Nagaland's customary law and land ownership [3]. After the agitation in Ladakh, the Centre agreed to discuss such provisions [4].
  • UT with a legislature or Statehood: This would fix the democratic deficit. Ladakh's small population and sensitive border location make it harder.
  • Hill Development Councils already exist in Leh and Kargil and could be strengthened.

Comparative snapshot

Dimension     | J&K                          | Ladakh
Core demand   | Political power (Statehood)  | Identity, land, jobs
Main route    | Art. 3 law amending 2019 Act | Art. 371 / Sixth Schedule
Legal effort  | Ordinary parliamentary law   | New constitutional safeguard
Present state | Stalled despite SC assurance | Talks under way

Fig.: Different aspirations call for different constitutional tools

Overall, J&K's demands can be met mainly through an Article 3 law, while Ladakh needs special constitutional safeguards. The way forward is a time-bound Statehood roadmap for J&K that honours the Centre's assurance to the Supreme Court, and a consultative Article 371 package for Ladakh. Together these would build on India's tradition of asymmetric, cooperative federalism and keep both regions part of the democratic mainstream.

Sources

  1. 1Supreme Court of India, *In Re: Article 370 of the Constitution*, Judgment dated 11 Dec 2023Article 370 held temporary; abrogation upheld; State-to-UT question left open; Statehood assurance
  2. 2The Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), India Codebifurcation into UT with legislature (J&K) and UT without legislature (Ladakh)
  3. 3The Constitution of India, Legislative Department, Ministry of Law & JusticeArticle 3, Article 244(2) and Sixth Schedule coverage, Article 371A
  4. 4The Hindu, "On Abdullah's promise of Statehood" (Peerzada Ashiq, 19 Oct 2026)63.8% turnout, NC-led majority, Centre's Article 371 talks for Ladakh
  5. 5PRS Legislative Research, Jammu and Kashmir Reorganisation Bill, 2019police and public order excluded from the UT Assembly's powers and kept with the LG

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