Ladakh’s Statehood Demand

• 10 Feb 2024

For Prelims: Union Territory of Ladakh, Sixth Schedule, Article 370, Article 3, Conditions under Article 3, Article 244(2), Autonomous Districts.

For Mains: Primary Demands Related to Ladakh, Imperatives Behind Ladakh's Current Union Territory Status, Objectives of Sixth Schedule.

Source: IE

Why in News?

Recently, the Union Territory of Ladakh observed a shutdown over demands for statehood and constitutional protection under the Sixth Schedule.

What are the Primary Demands Related to Ladakh?

• Background: Ladakh, once a part of the erstwhile state of Jammu and Kashmir, became a Union Territory following the abrogation of Article 370 and the bifurcation of the state into two separate Union Territories in August 2019.
  • Since then, the region has grappled with its newfound administrative status and has been advocating for greater autonomy and protection of its cultural and demographic identity.
• Primary Demands: The two socio-political organisations spearheading the movement are seeking protections for the UT previously enshrined under Article 370 and 35A. Their primary demands include:
  • Statehood for Ladakh: Seeking to elevate Ladakh from its current Union Territory status to a full-fledged state, granting it greater political autonomy and decision-making powers.
  • Safeguards under the 6^th Schedule: Advocating for Constitutional provisions under the 6th Schedule to protect the cultural, linguistic, and land rights of the indigenous population.
  • Reservation of Jobs: Calling for reservations in employment opportunities for the youth of Ladakh, ensuring equitable access to economic resources and opportunities.
  • Creation of Separate Parliamentary Constituencies: Proposing the establishment of distinct Parliamentary constituencies for Leh and Kargil, reflecting the unique demographic and geographical characteristics of each region.
• The Ministry of Home Affairs (MHA) has set up a high-powered committee to engage with the representatives of the demands from Ladakh.

Note

• Article 35A (no longer in effect) empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them which were not available to Indian citizens in general.

What are the Imperatives Behind Ladakh's Current UT Status?

• Cultural and Demographic Differences: Prior to its designation as a UT, Ladakh was part of the state of Jammu and Kashmir.
  • Ladakh's Buddhist majority contrasted significantly with the Muslim-majority population of the erstwhile state of J&K.
  • This difference often translated into concerns about resource allocation, political representation, and cultural preservation.
• Security Considerations: Ladakh borders sensitive regions like Pakistan and China, making strategic importance a significant factor.
  • Establishing it as a union territory allowed for more direct and streamlined administration from the central government in security matters.
• Developmental Perspective: The Indian government likely saw creating the union territory of Ladakh as a way to address long-standing grievances, improve administrative efficiency, and expedite development in the region.

What are the Constitutional Provisions Related to Formation of States in India?

• Article 3 of the Indian Constitution grants Parliament the authority to undertake various actions regarding the formation, alteration, or dissolution of states. These actions include:
  • Formation of New States: Parliament can create a new state by separating territory from an existing state, uniting two or more states, or combining any territory with a part of an existing state.
  • Increase or Decrease in State Area: Parliament has the power to increase or diminish the area of any state.
  • Alteration of State Boundaries: Parliament can alter the boundaries of any state.
  • Change of State Name: Parliament can change the name of any state.
• Conditions under Article 3:
  • A bill proposing such changes must be introduced in either house of the Parliament only with the prior recommendation of the President.
  • Before recommending the bill, the President must refer it to the concerned state legislature to express its views within a specified period.
• Additional Consideration:
  • Parliament's authority to form new states includes the ability to create a new state or union territory by uniting a part of any state or union territory with another state or union territory.
  • Parliament is not obligated to adhere to the views of the state legislature and may accept or reject them, even if received on time.
  • For union territories, no reference needs to be made to the concerned legislature, and Parliament can take any action it deems appropriate.
  • Therefore, India is an indestructible union of destructible states.

What is the Sixth Schedule?

• About: Sixth Schedule contains special provisions for the administration of tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram under Article 244(2) of the Indian Constitution
• Objectives: It aims to safeguard tribal land and resources, preventing their transfer to non-tribal entities. It also strives to protect tribal communities from exploitation, ensuring their cultural and social identities are upheld and promoted.
• Autonomous Districts and Regions: The tribal areas within these states are to be administered as Autonomous Districts.
  • In cases where different Scheduled Tribes inhabit an autonomous district, the Governor has the authority to divide the district into Autonomous Regions.
  • The Governor is vested with the power to organise, reorganise, and alter the boundaries or names of autonomous districts.
• District and Regional Council: For each autonomous district, a District Council is to be constituted, comprising a maximum of 30 members.
  • Of these, no more than 4 members are nominated by the Governor, while the remainder are elected through adult suffrage.
  • Likewise, a separate Regional Council is established for each area designated as an autonomous region.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q1. Which of the following provisions of the Constitution of India have a bearing on Education? (2012)

1. Directive Principles of State Policy
2. Rural and Urban Local Bodies
3. Fifth Schedule
4. Sixth Schedule
5. Seventh Schedule

Select the correct answer using the codes given below:

(a) 1 and 2 only 
(b) 3, 4 and 5 only 
(c) 1, 2 and 5 only 
(d) 1, 2, 3, 4 and 5

Ans: (d)

Q2. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019)

(a) Third Schedule
(b) Fifth Schedule 
(c) Ninth Schedule 
(d) Twelfth Schedule

Ans: (b)