Why is it in the News?

Recently, the Centre has agreed to examine whether the provisions of the Sixth Schedule of the Constitution can be implemented in Ladakh.

What is the Sixth Schedule?

• The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state.
• ADCs have up to 30 members with a term of 5 years and can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
  • The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.
• The Sixth Schedule applies to the Northeastern states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

Why does Ladakh want to be part of the Sixth Schedule?

• There was much enthusiasm initially, mostly in Leh, after the August 5, 2019 decisions that created two new Union Territories.
  • The Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government, which was dominated by politicians from Kashmir and Jammu.
• This development has sparked concerns among locals regarding potential challenges related to identity preservation, resource allocation, and administrative oversight.
• Also, the changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
• The UT has two Hill councils in Leh and Kargil, but neither is under the Sixth Schedule.
• Their powers are limited to the collection of some local taxes such as parking fees and allotment and use of land vested by the Centre.
• The Sixth Schedule empowers the Governor of the State to designate specific areas as administrative units within the Autonomous Districts and Autonomous Regions.

Can Ladakh be included in the Sixth Schedule?

• In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.
  • Notably, no region outside the Northeast has been included in the Sixth Schedule.
  • In fact, even in Manipur, which has predominantly tribal populations in some places, the autonomous councils are not included in the Sixth Schedule.
  • Nagaland and Arunachal Pradesh, which are totally tribal, are also not in the Sixth Schedule.
• “Ladakh’s inclusion in the Sixth Schedule would be difficult.
• The Constitution is very clear, the Sixth Schedule is for the Northeast.
  • For tribal areas in the rest of the country, there is the Fifth Schedule.
• However, it remains the prerogative of the government — it can, if it so decides, bring a Bill to amend the Constitution for this purpose.