Article 371(K) for Ladakh: Special Status, Sixth Schedule & Autonomy

Subject: GS 2: Polity & Governance

Context: Recently, the Ministry of Home Affairs (MHA) has proposed a new Chapter K under Article 371 to establish an elected body for the Union Territory (UT) of Ladakh.

UPSC Online Preparation

Key Features of Proposed Chapter K

• Elected UT-Level Body: The proposed body would be directly elected, providing greater democratic representation to Ladakh.
• Legislative Powers: It may have powers over land, culture and language, forests, environment and natural resources, along with subjects reserved for the UT under Article 240.
• Sui Generis Model: The proposal seeks a special governance arrangement tailored to Ladakh’s geographical, cultural and administrative circumstances.
• Constitutional Safeguards: Chapter K would be incorporated under Article 371, which forms part of Part XXI – Temporary, Transitional and Special Provisions.
• Current Limitation: Civil society representatives stated that the MHA has discussed the broad contours but has not yet provided a detailed draft proposal.

About Article 240 & 371

• Article 240: Empowers the President to make regulations for the peace, progress and good government of specified Union Territories; such regulations can have the force of an Act of Parliament. 
  • It is particularly relevant to Ladakh, which has no Legislative Assembly.
• Article 371: Part of Part XXI of the Constitution providing special constitutional provisions for specific States. 
  • Article 371 itself provides special arrangements for Maharashtra and Gujarat, while Articles 371A–371J provide distinct safeguards covering 12 States relating to customs, culture, land, tribal interests and regional development.

Article 371(K) vs. Sixth Schedule

Click to Know UPSC OnlyIAS Coaching Centres

Ladakh’s Major Demands

• Background: Following the Jammu and Kashmir Reorganisation Act, 2019, Ladakh became a Union Territory without a Legislative Assembly.
• Statehood: Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) continue to demand Statehood for Ladakh.
• Tribal Status: Demand for inclusion of Ladakh under the Sixth Schedule to strengthen protection of tribal land, culture and local institutions.
  • Sixth Schedule: Provides autonomous governance for tribal areas in Assam, Meghalaya, Tripura and Mizoram under Articles 244(2) and 275(1).
  • It establishes Autonomous District Councils and Regional Councils with powers over land, forests, customary laws, local administration and taxation, aimed at protecting tribal identity, culture and self-governance. 
• Land And Employment Protection: Greater safeguards against possible external pressure on land, employment and natural resources.
• Democratic Representation: Demand for an elected legislature with greater control over land, police, bureaucracy and development decisions.
• Administrative Safeguards: Civil society groups have sought restrictions on major decisions by the Lieutenant Governor until constitutional safeguards are finalised.

Check Out UPSC CSE Books

Visit PW Store