What Special Status is Ladakh Seeking?

What’s in today’s article?

• Background
• Asymmetrical Federalism - A Brief Overview
• Historical Context - British-Era Policies
• Fifth and Sixth Schedules of the Indian Constitution
• Special Provisions for North Eastern States
• Ladakh’s Demand for Sixth Schedule Status
• Conclusion

Background

• On October 3, 2024, Sonam Wangchuk, a well-known climate activist, was detained on the Delhi border while leading a protest aimed at pressuring the Central government to grant Ladakh inclusion in the Sixth Schedule of the Indian Constitution.
• This demand has been growing in Ladakh, where people seek greater autonomy and protection for their cultural identity.
• Similar demands have been made in states like Arunachal Pradesh and Manipur, where ethnic groups seek special provisions under the Constitution.

Asymmetrical Federalism - A Brief Overview

• India's federal structure is often referred to as asymmetrical federalism, which means that not all states or regions in the country enjoy the same level of autonomy.
• Unlike symmetrical federations (such as the U.S. and Australia, where all states have equal powers), India grants more autonomy to certain areas due to historical, cultural, or ethnic reasons.
• This is particularly relevant for regions with large tribal populations, where local governance and autonomy are prioritized to preserve indigenous traditions.

Historical Context - British-Era Policies

• The British colonial administration created ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935, to manage tribal regions separately from the rest of the country.
• The Fifth and Sixth Schedules of the Indian Constitution were inspired by these colonial-era policies to provide for greater autonomy in tribal regions.
• Excluded areas: These were mostly hilly regions in the northeast where local governance was heavily controlled by the British Governor.
• Partially excluded areas: These regions, now parts of states like Bihar, Madhya Pradesh, and Maharashtra, had limited intervention by provincial and central legislatures.
• The goal was to allow these regions to maintain their customs and laws while being gradually integrated into the mainstream.

Fifth and Sixth Schedules of the Indian Constitution

• Fifth Schedule:
  • The Fifth Schedule of the Indian Constitution applies to areas designated as "Scheduled Areas."
• These are typically regions with a significant tribal population, economic backwardness, and unique administrative challenges.
  • The following are key features of the Fifth Schedule:
  • Governance: Tribes Advisory Councils (TAC) are established in these areas to guide state governments on matters related to tribal welfare.
  • Land Rights: The Governor has the authority to regulate the transfer of tribal land and oversee money-lending businesses in these areas.
  • Modifications of Laws: The Governor can direct that laws enacted by Parliament or the state legislature do not apply, or apply with modifications, in these areas to safeguard tribal interests.
  • Currently, ten Indian states have designated Scheduled Areas under the Fifth Schedule.
• Sixth Schedule:
  • The Sixth Schedule is more expansive in terms of the autonomy granted to tribal areas.
  • It applies to certain regions in Assam, Meghalaya, Mizoram, and Tripura.
  • Here, Autonomous District Councils (ADCs) are formed to give greater control to local communities over governance. Key features include:
  • Autonomy in Governance: ADCs can legislate on matters like land use, inheritance, marriage, and social customs, provided their laws receive approval from the Governor.
  • Judicial Powers: ADCs are empowered to establish local courts to handle cases where both parties are members of Scheduled Tribes (STs).
  • Revenue and Taxation: These councils can collect land revenue and impose taxes on professions, trades, and other activities.
  • In short, the Sixth Schedule grants more executive, legislative, judicial, and financial powers to local bodies, offering greater autonomy than the Fifth Schedule areas.

Special Provisions for North Eastern States

• Apart from the Fifth and Sixth Schedules, various north-eastern states enjoy special provisions under Article 371 of the Indian Constitution. These articles safeguard local customs and give special powers to local governments. For example:
• Article 371A (Nagaland) and 371G (Mizoram) protect local laws and practices, including customary law.
• Article 371B (Assam) and 371C (Manipur) establish separate committees in the legislative assemblies for Tribal and Hill Areas.
• These provisions are part of India’s effort to maintain the delicate balance between integrating tribal communities and preserving their unique identities.

Ladakh’s Demand for Sixth Schedule Status

• Since Ladakh became a Union Territory in 2019, local leaders and activists have consistently raised the demand for special constitutional protections under the Sixth Schedule.
• Their argument is centered around the need to preserve the region's fragile ecosystem and protect the unique cultural identity of Ladakh’s people, who are predominantly tribal.
• Wangchuk and other activists believe that without such protections, the region could face exploitation of its natural resources and dilution of its cultural heritage.
• The demand aligns with similar calls from other regions that have significant tribal populations, such as Arunachal Pradesh and parts of Manipur.

Conclusion

• Ladakh’s demand for inclusion in the Sixth Schedule of the Constitution reflects a broader desire for greater autonomy, cultural protection, and environmental preservation.
• As India navigates the complexities of managing its diverse tribal regions, constitutional provisions like the Fifth and Sixth Schedules play a crucial role in safeguarding indigenous rights.
• However, the implementation of these provisions and the need for further reforms remain critical to achieving true autonomy and inclusivity for tribal communities across India.

Q1. How many parts, articles, and schedules are there in the Indian Constitution?

Currently, the Constitution of India has 448 articles in 25 parts and 12 schedules.

Q2. Originally, how many Schedules were there in the Constitution?

Originally, there were eight schedules in the Indian Constitution. Later, four more schedules, i.e., the 9th, 10th, 11th, and 12th Schedules were added through the 1st, 52nd, 73rd, and 74th Constitutional Amendments, respectively.

Source: What special status is Ladakh seeking? | Explained