In order to “guarantee the protection of land and jobs” for the Ladakhi people, the Ministry of Home Affairs (MHA) recently established a powerful committee for the Union Territory of Ladakh. A few committee members claim that the MHA’s directive is ambiguous and ignores their demand to be included in the Sixth Schedule. Ladakh was recommended for inclusion under the Sixth Schedule by the National Commission for Scheduled Tribes in September 2019. The commission noted that the new UT was primarily tribal (more than 97%) and that its unique cultural legacy needed to be preserved. Background: Since the special status of the former State of Jammu and Kashmir under Article 370 of the Constitution was removed by Parliament in 2019, civil society organisations in Ladakh have been calling for the protection of land, resources, and employment. This demand has been influenced by locals’ concerns about large corporations stealing their jobs and land.

Reason 

The discussion will focus on protecting the region’s distinctive language and culture while taking into account its strategic value and geographic location. to plan for inclusive development and to talk about how to best empower the Leh and Kargil Ladakh Autonomous Hill District Councils.

What does the Government state?

In terms of Ladakh receiving special status, the administration is not very willing to do so

• The MHA recently informed a parliamentary standing committee that Ladakh is receiving enough funding to meet its overall developmental needs and that the goal of including tribal populations under the sixth schedule is to ensure their overall socioeconomic development, which the UT administration has already been taking care of.
• According to the Ministry of Home Affairs, it would be challenging to include Ladakh under the Sixth Schedule.
• The Sixth Schedule is for the Northeast, the Constitution makes this very plain. There is a Fifth Schedule for tribal communities throughout the rest of the nation.
• The Ladakh administration has enhanced the reservation for the Scheduled Tribes in direct recruitment from 10% to 45%, which will considerably aid the tribal population’s development, according to a recent report presented in Rajya Sabha.
• The government nevertheless retains the right to propose a bill to change the Constitution for this reason if it so chooses.

What is the 6th schedule in the Indian Constitution?

• Autonomous District Councils (ADCs), which have some legislative, judicial, and administrative autonomy within a state, can be created in accordance with the Sixth Schedule of Article 244 of the Constitution.
• For the management of tribal territories in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram, there are particular provisions in the sixth schedule.

• Tribal Lands: These four states have established the tribal areas as autonomous districts. The autonomous districts may be organised and reorganised by the governor.
• Autonomous districts are exempt from or subject to, the specific modifications and exceptions set forth in the acts of Parliament or the state legislature.
• In this sense, either the President or the Governor has the authority to make decisions.

• District Council: There are 30 members total on the district councils of each autonomous district, of which four are nominated by the governor and the rest 26 are chosen using the adult franchise.
• Unless the council is disbanded sooner, the elected members serve five-year terms, while the governors govern over the nominated members’ terms.
• The regional councils are unique to each autonomous area.

• Council authority: The district and regional councils are in charge of administering the regions under their control.
• They have the authority to enact laws pertaining to certain topics including land, forests, canal water, shifting agriculture, village administration, property inheritance, marriage and divorce, social norms, and others. But the Governor must approve all such laws.
• They can set up village councils or courts to hear lawsuits and disputes between tribes. They make appeals to them, which they hear. The governor specifies the high court’s jurisdiction in particular lawsuits and cases. 

Ladakh is a very integral part of India, and the Indian government has taken special care of it. The craze and demand of Ladakh have always been high for Indians and this time the people of Ladakh are here with a demand of including themselves under schedule 6 of the Indian constitution. The dilemma is still on and every Indian citizen is looking forward to the decision that the country takes regarding this issue.