·The Hindu·15 marks·250–350 wordsPolitySociety

Compare the Sixth Schedule and the Article 371 model as tools for protecting tribal and regional identity. Which suits Ladakh better?

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In this answer
  1. Comparing the two models
  2. Case for 371(K)
  3. Case for the Sixth Schedule

The Constitution protects distinct identities in two main ways. The Sixth Schedule (Art. 244(2)) does it through autonomous councils. The Article 371 series does it through region-specific safeguards. In October 2026 the Centre proposed an Article 371(K) for Ladakh. The Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA) rejected it and still demand the Sixth Schedule [1].

Comparing the two models

Basis Sixth Schedule Article 371 model
Unit Autonomous District/Regional Councils in Assam, Meghalaya, Tripura, Mizoram [4] One clause per State or region (371A–371J) [5]
Powers Councils make laws on land and other listed subjects, levy taxes and run their own justice systems [4] Varies by clause. Art. 371A shields Naga customary law and land ownership from Parliament's laws [5]
Ownership Self-rule by tribal people Safeguards largely depend on the State or Centre
Flexibility A fixed template Tailor-made

Case for 371(K)

  • It can be drafted to fit a UT, while the Sixth Schedule was written for tribal areas inside States [4].
  • It builds on existing gains. ST reservation rose from 45% to 84%, one-third of council seats were reserved for women, and Bhoti and Purgi became official languages [2].

Case for the Sixth Schedule

  • In 2019 the NCST recommended it. It cited a tribal population of over 97%, the need for devolution, and the protection of land and farming rights [3].
  • The 84% quota rests on Article 240 regulations, which the Centre can change on its own. Constitutional status is far harder to undo [2][5].
  • The proposed body sits above the hill councils (LAHDCs) [6] and could add another layer instead of giving people real control [1].

Verdict In substance, the Sixth Schedule suits Ladakh better, because its risks are tribal land, culture and a fragile ecology. A hybrid 371(K) is a workable middle path, but only if it:

  • writes legislative, executive and financial powers into the Constitution itself;
  • moves the Article 240 gains into the constitutional text;
  • uses the NCST's 2019 checklist as its benchmark [3].

Both models aim to protect identity within the Union, but only constitutionally guaranteed powers create trust. Ladakh is a sensitive border region, so a time-bound dialogue that grants Sixth Schedule-level autonomy, whatever its label, would serve the cooperative federalism the Constitution intends.

Sources

  1. 1What do the Centre's steps mean for Ladakh?, The Hindu, 25 Oct 2026(explainer; the exact page could not be opened, so this links the site root): 371(K) draft, its rejection by LAB/KDA, UT without a legislature
  2. 2MHA press release on the Ladakh dialogue process, PIB, 24 Sep 2025: ST reservation raised from 45% to 84%, women's reservation, Bhoti and Purgi, Sixth Schedule demand
  3. 3NCST recommendation to include Ladakh under the Sixth Schedule, PIB, 2019: tribal share above 97%, devolution, land and farming rights
  4. 4The Constitution of India, Sixth Schedule (Arts. 244(2), 275(1)), PRS text: council powers and coverage of the four States
  5. 5The Constitution of India (Arts. 240, 371–371J), Legislative Department(site root): Art. 240 regulation power, Art. 371A safeguards
  6. 6Ladakh Autonomous Hill Development Council Act, PRS: legal basis of the LAHDCs
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