Why were activists from Ladakh protesting? What is the Sixth Schedule, and what are its benefits? Can Ladakh be included in the Sixth Schedule? What are the special provisions for some states under Article 371? Take a look at the essential concepts, terms, quotes, or phenomena every day and brush up your knowledge. Here’s your knowledge nugget for today.

 

Knowledge Nugget: Demand of Schedule 6 in Ladakh

Subject: Polity

(Relevance: The Constitution of India is a crucial component of the UPSC CSE syllabus. Questions related to various articles and schedules of the Constitution are frequently asked in the exam. Also, when polity-related current affairs topics are hitting the headline, it becomes important to connect them with the static part of syllabus. Furthermore, these topics are relevant for essays and personality tests.)

On October 21st, Sonam Wangchuk, a Ladakh-based activist, ended his indefinite fast after receiving a letter from the Union Ministry of Home Affairs regarding future discussions on the administration of the Union Territory. Wangchuk and other activists are advocating for increased autonomy in Ladakh’s governance. They are specifically calling for the application of Schedule 6 of the Indian Constitution to the region and the establishment of a legislative assembly in Ladakh.

1. The demand for autonomy in Ladakh’s administration and the implementation of Schedule 6 of the Indian Constitution became prominent after the removal of Article 370 in August 2019 and the enactment of the Jammu and Kashmir Reorganisation Act, 2019.

2. J&K Reorganisation Act, 2019 recognized Ladakh and Jammu & Kashmir as Union Territories. However, Ladakh has been recognized as a Union Territory “without legislature,” while Jammu and Kashmir has its own Legislative Assembly, like New Delhi and Pondicherry.

3. The Sixth Schedule under Article 244 of the Constitution of India provides for the formation of tribal administrative regions called Autonomous District Councils (ADCs), as well as Autonomous Regional Councils (ARCs).

4. Sixth Schedule contains provisions regarding the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

5. Inclusion under Sixth Schedule would allow Ladakh to create ADCs and ARCs. These are the elected bodies with the power to administrate tribal areas. This would include the power to make laws on subjects such as forest management, agriculture, administration of villages and towns, inheritance, marriage, divorce and social customs.

6. The Schedule also grants ARCs and ADCs the authority to collect land revenue, levy taxes, regulate money lending and trading, gather royalties from licenses or leases for mineral extraction in their regions, and establish public amenities like schools, markets, and roads.

7. Composition of ADCs: They have up to 30 members with a term of five years.The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues. Currently, there are 10 ADCs in the North East, with three each in Assam, Meghalaya and Mizoram, and one in Tripura.

8. In 2019, the National Commission for Scheduled Tribes recommended that Ladakh be included under the Sixth Schedule. This recommendation was based on several factors:

(i) Ladakh has a predominantly tribal population, consisting of over 97 per cent.

(ii) There are restrictions preventing individuals from other parts of the country from purchasing or acquiring land in the region.

(iii) It has a unique cultural heritage that requires preservation.

9. Notably, no region outside of Northeast India has been included in the Sixth Schedule. Even in Manipur, where there are areas with predominantly tribal populations, the autonomous councils are not part of the Sixth Schedule. Similarly, although Nagaland and Arunachal Pradesh have entirely tribal populations, they are also not included in the Sixth Schedule.

1.  Articles 371 and 371-A through J provide “special provisions” for some states to give representation to certain religious and social groups and to allow these groups to exercise autonomy over their affairs without interference from the state and central governments.

2. Maharashtra and Gujarat (Article 371): The Governor has a “special responsibility” to establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat; ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.

3. Nagaland (Article 371A):  It was added into the Constitution through the 13th Amendment Act, 1962. It provides that Parliament cannot legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly of the state. Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly. A member from the Tuensang district is Minister for Tuensang Affairs. The Governor has the final say on all Tuensang-related matters.

4. Assam (Article 371B, 22nd Amendment Act, 1969): The President of India may provide for the constitution and functions of a committee of the state Assembly consisting of members elected from the tribal areas of the state.

5. Manipur (Article 371C, 27th Amendment Act, 1971): The President of India may provide for the constitution and functions of a committee of elected members from the Hill areas of the state in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning. The Governor has to file a report every year on this subject to the President.

6. Andhra Pradesh and Telangana (Article 371D, 32nd Amendment Act, 1973; substituted by the Andhra Pradesh Reorganisation Act, 2014): The President must ensure “equitable opportunities and facilities” in “public employment and education to people from different parts of the state”. He may require the state government to organise “any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State”, and allot them. The President has similar powers vis-à-vis admissions in any university or state government-run educational institution.

Article 371E allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not really a ‘special provision’ in the sense of the other provisions in this part of the Constitution.

7. Sikkim (Article 371F, 36th Amendment Act, 1975): Through Article 371-F, special provisions have also been introduced to provide reservations in the Sikkim Legislative Assembly, in order to protect “the rights and interests of the different sections of the population”.

8. Mizoram (Article 371G, 53rd Amendment Act, 1986): This provision lays down that Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Legislative Assembly… by a resolution so decides”.

9. Arunachal Pradesh (Article 371H, 55th Amendment Act, 1986): The Governor has a special responsibility with regard to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”. Should a question arise over whether a particular matter is one in which the Governor is “required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final”, and “shall not be called in question…”

10. Goa (Article 371-I, 56th Amendment Act, 1987): It provides “the Legislative Assembly of the State of Goa shall consist of not less than thirty members.”

10. Karnataka (Article 371J, 98th Amendment Act, 2012): There is a provision for the establishment of a separate development board for the Hyderabad-Karnataka region, the working of which will be reported annually to the Assembly. There shall be “equitable allocation of funds for developmental expenditure over the said region”, and “equitable opportunities and facilities” for people of this region in government jobs and education.

An order can be made to provide for reservation “of a proportion” of seats and jobs in educational and vocational training institutions and state government organisations respectively in the Hyderabad-Karnataka region for individuals who belong to that region by birth or domicile.

(Sources: Why Wangchuk and protestors from Ladakh are marching towards Delhi, What is the Sixth Schedule, Constitution has ‘special provisions’ for 11 other states)

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