·The Hindu·15 marks·250–350 wordsPolity

Examine the constitutional and administrative rationale for extending Sixth Schedule protections to Union Territories like Ladakh.

In this answer
  1. Constitutional rationale
  2. Administrative rationale

The Sixth Schedule, read with Articles 244(2) and 275(1), creates Autonomous District Councils with law-making powers over land, forests and customary practice, but presently covers tribal areas only in Assam, Meghalaya, Tripura and Mizoram [1]. Ladakh, a Union Territory without legislature since the J&K Reorganisation Act, 2019 [2], seeks its extension — a demand resting on sound constitutional logic and administrative need, though requiring adaptation.

Constitutional rationale

  • Tribal character: the National Commission for Scheduled Tribes recommended Ladakh's inclusion in the Sixth Schedule, citing its overwhelmingly tribal population [3].
  • Representative deficit: as a UT without legislature, Ladakh is administered through the Lieutenant Governor, with law-making vested in Parliament [2]. ADCs would restore an elected tier of self-rule.
  • Asymmetric federalism: the Constitution already permits differentiated arrangements — Fifth and Sixth Schedules, Article 371 provisions — so extension is consistent with existing design, not an exception to it.
  • Substantive safeguards: ADC control over land allotment, inheritance, customary law and village courts, plus Article 275(1) grants-in-aid for tribal administration [1].

Administrative rationale

  • Existing Hill Development Councils are creatures of ordinary law, alterable by Parliament; Sixth Schedule status would give constitutional entrenchment.
  • A fragile cold-desert ecology and rising tourism/mining pressure argue for locally accountable control over land use.
  • Responsiveness is already demonstrable: through the MHA High-Powered Committee, ST reservation was raised to 84%, one-third seats reserved for women in the councils, and Bhoti and Purgi made official languages [4].

Constraints: the Schedule was drafted for tribal areas within States, so extension to a UT needs constitutional amendment; border-security responsibilities and the risk of Leh–Kargil intra-regional imbalance also weigh in — hence the HPC's exploration of a customised governance model [4].

Ladakh's case blends tribal safeguard, ecological stewardship and democratic representation. A negotiated framework — Sixth Schedule protections adapted to UT realities, backed by phased devolution — would honour the Constitution's promise of self-governance while preserving national interest.

Sources

  1. 1Sixth Schedule — Articles 244(2) and 275(1), North Eastern Council, Government of Indiascope, ADC powers, four covered States, Article 275(1) grants
  2. 2The Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), India CodeLadakh as UT without legislature, administration through Lieutenant Governor
  3. 3NCST recommendation to include the Union Territory of Ladakh under the Sixth Schedule, PIBtribal-population basis for inclusion
  4. 4Press Release on Ladakh, Ministry of Home Affairs, PIBHigh-Powered Committee, 84% ST reservation, women's reservation, Bhoti/Purgi as official languages, customised governance model
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