·The Hindu·15 marks·250–350 words

Discuss the constitutional mechanisms available for granting special status to Union Territories short of full Statehood, with reference to the proposed Article 371K for Ladakh.

In this answer
  1. Existing mechanisms for UTs
  2. The proposed Article 371K
  3. Concerns

Ladakh has been a Union Territory without a legislature since 31 October 2019 under the J&K Reorganisation Act, 2019 [2]. The Ministry of Home Affairs' proposal for a new Chapter 'K' under Article 371 shows that the Constitution offers a graded menu of asymmetric arrangements well short of Statehood.

Existing mechanisms for UTs

  • Article 239 — every UT is administered by the President through an Administrator/Lieutenant Governor; this is the baseline status [1].
  • Articles 239A and 239AA — Parliament may create, by ordinary law, a legislature and Council of Ministers for a UT, as with Puducherry and Delhi [1].
  • Article 240 — the President may frame regulations for peace, progress and good government; this currently governs Ladakh [1].
  • Sixth Schedule (Article 244(2))Autonomous District Councils with powers over land, forests and customary law; the NCST recommended Ladakh's inclusion in 2019 [5].
  • Statutory devolution — reorganisation laws and bodies like the Ladakh Autonomous Hill Development Councils, whose empowerment is part of the High Powered Committee's mandate [3].

The proposed Article 371K

  • Part XXI's special provisions (371A–371J) presently cover only States; extending them to a UT would need a constitutional amendment under Article 368 [1].
  • The proposal offers a directly elected UT-level body with legislative competence over land, culture, language, forest, environment and natural resources — subjects now exercisable by the Centre under Article 240 [6].
  • It thus creates a sui generis hybrid: entrenched safeguards without the full apparatus of Statehood.

Concerns

  • It stops short of both Statehood and Sixth Schedule status sought by the Leh Apex Body and Kargil Democratic Alliance [3].
  • Absence of a shared draft text sustains a trust deficit [6]; overlap with Article 240 and the LAHDCs needs clarity, alongside frontier-security sensitivities.

Asymmetric federalism has repeatedly reconciled national unity with local distinctiveness. A published draft, negotiated through the ongoing dialogue process [4], can make Article 371K a durable template for protecting fragile tribal frontiers within the constitutional framework.

Sources

  1. 1The Constitution of India, Legislative Department, Ministry of Law and JusticeArticles 239, 239A, 239AA, 240, Sixth Schedule (Art. 244(2)) and the Article 371A–371J special provisions
  2. 2The Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), India Codecreation of the UT of Ladakh without a legislature, effective 31 October 2019
  3. 3PIB: Meeting of High Powered Committee (HPC) for Ladakh, New DelhiHPC mandate on culture, language, land and LAHDC empowerment; participation of Apex Body Leh and Kargil Democratic Alliance
  4. 4PIB: Government's commitment to dialogue with all stakeholders in Ladakhcontinuing negotiation process on constitutional safeguards
  5. 5PIB: NCST recommendation to include the UT of Ladakh under the Sixth ScheduleSixth Schedule as the alternative safeguard route
  6. 6"MHA proposes new Chapter 'K' under Article 371 for Ladakh", *The Hindu*, 10 September 2026 — proposed elected body's subjects (land, culture, language, forest, environment, natural resources) and non-sharing of a draft proposal

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