Ladakh’s Statehood Demand | 10 Feb 2024

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.

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.