The 6th Schedule under Article 244 of the Indian Constitution provides the creation of self-governing regions called Autonomous District Councils (ADCs), which enjoy a degree of legislative, judicial, and administrative independence within a state. The provisions outlined in the 6th Schedule specifically pertain to the governance of tribal areas located in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram.
One of the most notable features of the Autonomous District Councils is that they are not directly subject to the acts passed by the Parliament or the state legislature. These acts are applied to it with exceptions and modifications. They possess the authority to create legislation concerning certain specified areas, including land use, forestry, canal water management, village administration, inheritance of property, marriage and divorce, social customs, and more. However, any laws passed by the district council must first receive approval from the Governor.
Additionally, the district council has the power to establish, construct, and manage primary schools, dispensaries, markets, ferries, fisheries, roads, and other such amenities within their district. This level of autonomy grants the Autonomous District Councils a unique degree of control over their regions, allowing them to shape their development according to the needs and priorities of the local population.
Source:- https://economictimes.indiatimes.com/news/politics-and-nation/govt-releases-maps-of-uts-of-jk-ladakh-map-of-india-depicting-new-uts/articleshow/71868357.cms
Ladakh is located in the northernmost region of India, has a unique cultural identity that distinguishes it from the rest of the country. The region's culture has been shaped by its geographical isolation, extreme climate, and historical ties with Tibet, Central Asia, and Kashmir. Tibetan Buddhist heritage is one of the defining features of Ladakh’s cultural identity.
Ladakh, India
Source: https://www.thrillophilia.com/tours/incredible-bike-trip-to-leh
In terms of its relationship with the rest of India, Ladakh has had a complex history. Prior to India's independence, Ladakh was a part of the princely state of Jammu and Kashmir. After, India's independence in 1947, Jammu and Kashmir agreed to join India, but Ladakh continued to be governed by the Maharaja of Jammu and Kashmir until 1949, when it was placed under the direct control of the Indian government.
Even after the inclusion of Ladakh into India, it maintained its distinct cultural identity and advocated for greater autonomy within India. In recent years, Ladakh has gained more political autonomy through the creation of a separate Union Territory in 2019. The Union Territory status has given Ladakh greater control over its affairs but, the region still continues to face challenges related to economic development, environmental degradation, and cultural preservation.
Ladakh Autonomous Hill Development Council
Source: https://indusdispatch.in/ladakh-hill-councils-havent-got-their-accounts-audited-since-inception/
Ladakh’s demand for autonomy has grown over the years. The Ladakh Autonomous Hill Development Council Act provides Ladakh Autonomous Hill Development Council (LAHDC),1995 the administration of the region. However, some sections of the population in Ladakh, especially the tribal communities, feel that the LAHDC has not been effective in addressing their concerns and pleads for more autonomy.
Source: https://theleaflet.in/sixth-schedule-for-ladakh-chasing-a-mirage/
If Ladakh were to be brought under the Sixth Schedule, it would give greater autonomy to the tribal communities in the region and empower them to manage their land and resources. This would also ensure that their tribal culture and heritage is protected and preserved. The creation of an autonomous district council in Ladakh would give the tribal communities greater influence in the development of the region, and they would be able to make decisions that are in their best interests on several subjects including land, forests and local government. This will also ensure that their concerns are addressed, and their voices are heard.
Sonam Wangchuk
Source: https://thewire.in/rights/ladakh-admin-asks-sonam-wangchuk-to-sign-bond-promising-silence-restricts-his-movements
Sonam Wangchuk, a renowned education reformist and social activist from Ladakh, has advocated for the implementation of the 6th Schedule in Ladakh. He has argued that the 6th Schedule would provide greater autonomy and self-governance to the region, which has a predominantly tribal population. He has also stated that it would help preserve the unique culture and identity of Ladakh, which is distinct from other parts of India.
Wangchuk suggested that the Ladakh Autonomous Hill Development Council, which currently governs the region, could be converted into a district council under the 6th Schedule. This would provide greater decision-making power to the local communities and ensure that their voices are heard in matters concerning their land and resources.
In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that Ladakh was predominantly tribal and its distinct cultural heritage needed preservation. It is estimated that more than 90% of Ladakh’s population is tribal. There are primarily Scheduled Tribes (STs) in Ladakh which are Balti Beda, Bot (or Boto), Brokpa (or Drokpa, Dard, Shin), Changpa, Garra, Mon and Purigpa.
The Ministry of Home Affairs (MHA) constituted a high-powered committee aimed at safeguarding the land and employment opportunities of the people of Ladakh. But, there is uncertainty surrounding the Ministry’s order as it does not explicitly address the demand of the people of Ladakh to be included in the 6th Schedule. According to the Ministry of Home Affairs, Ladakh’s inclusion in the Sixth Schedule would be difficult. They state that it is clearly mentioned in the Constitution that 6th Schedule is for the Northeast. The tribal areas of the rest of India is addressed by the 5th schedule.
According to a report in Rajya Sabha, Ladakh administration recently increased the reservation for the Scheduled Tribes in direct recruitment from 10% to 45% which will significantly help the tribal population in their development.
In conclusion, the Autonomous District Councils under the 6th Schedule of the Indian Constitution provide self-governance to tribal areas in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. Ladakh, located in the northernmost region of India, has a unique cultural identity and has been demanding greater autonomy within India. The inclusion of Ladakh under the 6th Schedule would provide greater autonomy to the predominantly tribal population and ensure the preservation of their distinct cultural heritage. While the Ministry of Home Affairs is uncertain about including Ladakh under the 6th Schedule. The recent increase in reservation for Scheduled Tribes in direct recruitment shows a positive step towards the development of the tribal population. The implementation of the 6th Schedule in Ladakh could empower the local communities to make decisions that benefit them on matters concerning their land and resources, ensuring that their voices are heard.
However, there are different opinions on the implementation of the 6th Schedule in Ladakh, with some stakeholders expressing concerns about the potential implications for national security and territorial integrity. As of now, the Indian government has not taken any concrete steps towards implementing the 6th Schedule in Ladakh.
Written by:- Neha Bhattacharya
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