LADAKH DEMANDS SCHEDULE 6 STATUS

LADAKH DEMANDS SCHEDULE 6 STATUS

08-03-2024

The Central Government said no to Ladakh's request to include it in the 6th schedule, but has instead offered similar protections under Article 371.

What is the 6th Schedule of the Constitution?

  1. It contains provisions related to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
  2. It provides autonomy in administration at the district level through the formation of Autonomous District Councils (ADC) and Autonomous Regional Councils (ARC).
    1. ADCs are established in districts dominated by 1 tribal group.
    2. ARCs are established in districts having multiple tribal groups. It can also span over the region covering multiple districts.
  3. Such councils have certain powers to govern these areas such as

Legislative Powers

Making laws on specific subjects such as land use, forests, agriculture, local customs, and traditional practices.

Administrative Powers

Control over local administration, including the power to appoint civil servants and officials within the council's jurisdiction.     

Judicial Powers

Establishment of village councils and courts to settle disputes within the tribal areas. (But, Governor handles serious offences punishable by death or more than 5 years of jail.)      

Financial Powers

The authority to impose and collect taxes, regulate money lending and trading, and issue licenses for mineral extraction.

Developmental Powers

Planning and implementation of development schemes and projects

  1. However, the Union Ministry of Home Affairs has rejected these demands considering the drawbacks and offered Article 371 as an alternative option.

What are the Drawbacks of Schedule 6 status?                           

  1. Creation of Multiple Power Centers: The establishment of ADCs & ARCs parallel to District Magistrates & Governors, etc can make decision-making confusing because there are too many leaders in charge.
  2. Conflict of Interest: The district councils might refuse to implement laws passed by the state government causing conflicts and poor implementation of such laws.
  3. Demand for Greater Autonomy: Tribal communities may demand greater autonomy beyond what is provided under the 6th Schedule, leading to tensions and conflicts with the central and state governments.
  4. Inter-Tribal Conflicts: The presence of multiple tribal communities within the same region governed by the 6th Schedule can lead to inter-tribal conflicts over resources, land, and political representation.
  5. Underdevelopment of Region: All the above things with no uniformity in administration lead to the underdevelopment of the region.

What is Article 371 offered by the Centre to Ladakh?

  1. t protects the cultural and economic interests of tribal people and backward regions of states by providing some autonomy in the form of:
    1. Creation of Development Boards: Groups that plan and oversee development projects in specific regions such as the backward region of Marathwada in Maharashtra.
    2. Regional Councils: Representative bodies that address local issues and coordinate development efforts.
  2. However, this autonomy is very limited compared to what is provided under Schedule 6.

 

Articles

States involved

Article 371

Maharashtra, Gujarat    

Article 371-A

Nagaland

Article 371-B

Assam

Article 371-C

Manipur

Article 371-D & Article 371-E

Andhra Pradesh

Article 371-F

Sikkim

Article 371-G

Mizoram

Article 371-H

Arunachal Pradesh        

Article 371-I

Goa

Article 371-J

Karnataka

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