Recently, Climate activist Sonam Wangchuk was detained at the Delhi border as he led protesters to petition the Central government for the inclusion of Ladakh in the Sixth Schedule of the Constitution.
Background
- The Abrogation of Article 370 in the year 2019 repealed the special status conferred to erstwhile Jammu and Kashmir State and Ladakh was set up as a Union Territory without a legislature.
Major Demands of Ladakh
- Demand for Statehood and Full Legislature for Ladakh: Residents of Ladakh, particularly from Leh district, are advocating for full statehood.
- Inclusion in the Sixth Schedule:
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About Asymmetrical Federalism
- Definition: Asymmetrical federalism refers to a system where certain states or regions have varying levels of autonomy and powers compared to others within the same country.
- Indian Context: The Indian Constitution follows ‘asymmetrical’ federalism.
- It grants different levels of autonomy to certain states and areas.
- In India, there are a few States/ areas that enjoy more autonomy or have special provisions under the Constitution than others.
- Example:
- Articles 371A to 371H in Part XXI of the Constitution provide special provisions for northeastern states.
- The Fifth and Sixth Schedules of the Indian Constitution are examples of asymmetrical federalism
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- With over 97% of Ladakh’s population being tribal, there are strong grounds for seeking Sixth Schedule status.
- Conservation of Resources: Utilising Sixth Schedule provisions to protect Ladakh’s fragile ecosystem from exploitation.
- Political Representation: Ladakh’s current status as a Union Territory with limited legislative powers raises concerns about inadequate representation and control over local decision-making.
- The Sixth Schedule guarantees to address this concern.
- Separate Lok Sabha Seats: Activists are pushing for an increase in Lok Sabha seats from one to two, ensuring better representation for both Leh and Kargil districts since their separation into a Union Territory in 2019.
- Job Reservations for Locals: Reservation aims to create more employment opportunities for Ladakhis, boosting the local economy and reducing dependence on outside resources.
Sixth Schedule of the Constitution
- The Sixth Schedule of the Indian Constitution pertains to the administration of tribal areas in certain northeastern states, namely Assam, Meghalaya, Tripura, and Mizoram.
History of Fifth and Sixth Schedules of the Indian Constitution:
- Impact of British Rule on Tribal Autonomy: The British forest policies led to discontent among tribes, resulting in several rebellions: Kol Rebellion (1831-32), Santhal Revolt (1885), Munda Rebellion (1899-1900) and Bastar Rebellion (1911)
- British Policy of Isolation: In response to tribal unrest, the British adopted a policy of isolation, creating ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935.
- Formation of the Fifth and Sixth Schedules: The Fifth and Sixth Schedules are based on the provisions for ‘partially excluded’ and ‘excluded’ areas from the Government of India Act, 1935.
- Fifth Schedule:
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- Applicable to ‘scheduled areas’ declared by the President.
- The Fifth Schedule of the Indian Constitution pertains to the administration and governance of scheduled areas and scheduled tribes in states across India, excluding Assam, Meghalaya, Tripura, and Mizoram.
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- Assam: North Cachar Hills, Karbi Anglong, Bodoland Territorial Areas
- Meghalaya: Khasi Hills, Jaintia Hills, Garo Hills
- Tripura: Tripura Tribal Areas
- Mizoram: Chakma District, Mara District, Lai District.
- Provisions of the Sixth Schedule
- Article 244(2): Applies to tribal area administration in Assam, Meghalaya, Tripura, and Mizoram.
- Autonomous District Councils (ADCs) are established, comprising 30 members (majority elected).
- ADCs have legislative powers over land use, social customs, and local governance.
- ADCs manage local infrastructure, collect revenue, and can establish courts for disputes involving Scheduled Tribes.
- Law-Making Powers: Councils can legislate on matters like land management, inheritance, and regulation of trade by non-tribal individuals, subject to the Governor’s assent.
- Judicial Authority: Councils can establish Village and District Council Courts for disputes involving Scheduled Tribes, excluding serious offences punishable by death or long imprisonment.
- Parliamentary Exemptions: Acts of Parliament or state legislatures do not apply to autonomous districts without modifications.
- Governor’s Commission: The Governor can appoint a commission to address issues related to autonomous districts.
October 3, 2024
