Sixth Schedule for Ladakh Introduction

• Recently, climate activist Sonam Wangchuk was detained at the Delhi border while leading a protest advocating for Ladakh’s inclusion in the Sixth Schedule of the Indian Constitution. 
• The demand for Sixth Schedule status seeks to provide greater autonomy to the region. 
• While the requests for a separate public service commission and two parliamentary seats have been accepted, the Ministry of Home Affairs (MHA) has rejected the calls for statehood for Ladakh and its inclusion under the Sixth Schedule.
• Similarly, recent demands have emerged in Arunachal Pradesh and Manipur for their inclusion in the Sixth Schedule, emphasizing the need to protect ethnic groups through special constitutional provisions.

Historical Foundations of the Fifth and Sixth Schedules’ Demands

• Asymmetrical Federalism in India: India’s federal structure is characterized by asymmetry, granting greater autonomy to specific regions, especially those with unique ethnic identities. In contrast to symmetrical federations such as the United States, where states possess equal authority, India’s Fifth and Sixth Schedules provide special provisions for areas with substantial tribal populations, thereby safeguarding their cultural and political independence. 
• Colonial Impact and Tribal Autonomy: During the colonial era, British policies acknowledged the uniqueness of tribal regions, resulting in the implementation of special administrative measures. Initially, tribal communities had autonomy over their lands; however, the introduction of British forest regulations restricted these rights, leading to significant uprisings such as the Kol Rebellion (1831-32) and the Santhal Revolt (1855-56). These insurrections highlighted the necessity of addressing tribal issues, paving the way for future protective measures.
• 1935 Government of India Act: The 1935 Act established ‘excluded’ and ‘partially excluded’ areas, where tribal regions were governed with minimal external interference. These classifications later shaped the framework of the Fifth and Sixth Schedules, which safeguard tribal rights and self-governance, particularly in states such as Assam, Meghalaya, Mizoram, and Tripura.
• Post-Independence Continuation: Following independence, the architects of the Indian Constitution aimed to uphold tribal rights, resulting in the incorporation of the Fifth and Sixth Schedules. These provisions acknowledge the importance of allowing tribal communities to oversee their land, resources, and governance in alignment with their traditions, thereby facilitating their integration while preserving their cultural identity.

Unique Features of Special Schedules

• Fifth Schedule:
  • Applicability: The Fifth Schedule applies to ‘Scheduled Areas’ designated based on factors like high tribal populations, geographical isolation, and economic challenges. These areas span across 10 states, including states like Odisha, Jharkhand, and Chhattisgarh, where tribal communities form a significant portion of the population.
  • Tribes Advisory Councils (TACs): TACs are established to advise on tribal welfare and development matters. Comprising mostly tribal members, they provide insights to state governments on policy decisions affecting tribal communities, ensuring their voices are heard.
  • Governor’s Special Powers: Governors have discretionary powers to regulate land transactions and prevent exploitation of tribal lands by non-tribals. They can also manage money-lending practices to protect tribes from indebtedness, promoting economic self-sufficiency.
• Sixth Schedule:
  • Enhanced Autonomy for Tribal Areas: The Sixth Schedule applies to tribal areas in Assam, Meghalaya, Mizoram, and Tripura, granting greater self-governance. These regions enjoy more legislative and executive autonomy compared to Fifth Schedule areas, allowing local councils to handle a wide range of issues such as land use, inheritance, and social customs.
  • Autonomous District Councils (ADCs): ADCs have substantial authority, including the power to enact laws on issues like land management and social practices. These laws, once approved by the Governor, can override state laws. ADCs also have financial powers, including taxation rights, which allow them to manage local resources and fund development projects.
• Special Provisions for Northeastern States:
  • Constitutional Safeguards (Articles 371A-H): Several northeastern states, including Nagaland, Manipur, and Sikkim, benefit from additional safeguards under Part XXI of the Constitution. These articles protect local customs, land rights, and governance structures, ensuring tribal areas maintain their unique identity while also enabling their socio-economic development.
  • Regional Representation and Development: These special provisions guarantee that tribal and hill communities in northeastern states receive proper representation in governance and that their distinct cultural practices are respected. For example, in Nagaland (Article 371A), no act of Parliament relating to religious or social practices, land ownership, or customary law applies unless approved by the state legislature.

Reasons for Ladakh’s Demand for Inclusion in the Sixth Schedule

• Political Representation and Autonomy: After the Jammu and Kashmir Reorganisation Act, 2019, Ladakh became a Union Territory without a legislative assembly. Previously, Ladakh had representation through four MLAs in the J&K Assembly, but now its governance is largely bureaucratic. Inclusion in the Sixth Schedule would provide Ladakh with political autonomy, allowing for greater local governance and representation through elected bodies.
• Limited Employment Opportunities: The Union Territory administration has struggled to create sufficient job opportunities for the youth in Ladakh. The absence of a dedicated Public Service Commission and a comprehensive employment policy has left many residents without adequate prospects for local government jobs. This lack of employment infrastructure adds urgency to the demand for Sixth Schedule status, which could help facilitate local job creation.
• Protection of Cultural Heritage: Ladakh is home to various tribal groups like the Gujjars, Bakarwals, Bots, Changpas, Baltis, and Purigpas, all of whom have unique cultural traditions. There are concerns that rapid changes and external influences could dilute these customs. The Sixth Schedule would provide legal mechanisms to protect and preserve Ladakh’s diverse cultural heritage, ensuring that tribal communities can maintain their identity.
• Preservation of Ladakh’s Fragile Ecosystem: Ladakh’s ecosystem, with its high-altitude deserts, glaciers, and meadows, is extremely fragile and vulnerable to climate change and industrial activities. Environmentalists have raised concerns about the ecological damage caused by mining and unregulated development. Sixth Schedule inclusion could grant local authorities more control over land use and resource management, helping to protect this delicate environment and its rare species.
• Response to Changes in J&K’s Domicile Policy: The changes in the domicile policy in the Union Territory of Jammu & Kashmir have triggered fears in Ladakh regarding the potential for non-locals to claim residency. This has amplified calls for Sixth Schedule status, which would safeguard the rights of the local population and ensure that domicile laws prioritize Ladakh’s indigenous communities.
• Strengthening Democratic Institutions: Inclusion in the Sixth Schedule would empower grassroots democratic institutions, particularly the Ladakh Autonomous Hill Development Councils (LAHDC). Granting more authority to these councils would strengthen local governance, allowing them to have legislative, financial, and administrative control over local matters. This decentralization would enhance democracy at the village and district levels, aligning governance with local needs.

Benefits of Sixth Schedule Inclusion

• Decentralized Governance: Autonomous District Councils (ADCs) facilitate democratic devolution of power, granting legislative, judicial, and administrative autonomy within a state.

• Example: The Khasi Hills ADC in Meghalaya exercises powers in local governance and administration.

• Cultural and Linguistic Preservation: Ensures protection of local customs, culture, and languages.

• Example: The Bodo language in Bodoland is preserved through official recognition and educational initiatives.

• Protection of Tribal Land Rights: Grants ADCs authority to legislate on matters like land, forests, and fisheries, ensuring protection of tribal land.

• Example: The Garo Hills ADC controls land distribution, safeguarding community ownership.

• Enhanced Financial Support: Special grants are provided to boost development in Sixth Schedule areas.

• Example: The Finance Commission recommends increased grants for the economic upliftment of ADC regions like the Karbi Anglong ADC in Assam.

• Balanced Socio-Economic Development: Promotes socio-economic progress aligned with sustainable development principles.

• Example: Projects in Tripura’s ADC regions focus on eco-friendly agricultural practices, supporting local livelihoods sustainably.

Challenges with the Sixth Schedule

• Limited Coverage: Only specific regions in Assam, Meghalaya, Tripura, and Mizoram are covered, excluding many tribal communities, leading to disparity.

• Example: Tribal groups in Manipur and Arunachal Pradesh are not covered, limiting their access to similar benefits.

• Inadequate Decentralization: True power devolution is lacking, with many councils unable to effectively manage their areas.

• Example: The Bodo Territorial Region has only one district council, limiting localized governance.

• State Overriding Council Powers: Council laws need the governor’s approval, and state legislature prevails in case of conflicts.

• Example: Assam state laws can override the Bodoland Territorial Council decisions, limiting autonomy.

• Financial Dependence: Councils depend heavily on state governments for funding, with irregular allocations affecting development.

• Example: Delay in constituting the State Finance Commission leads to irregular fund transfers to councils like the Garo Hills ADC.

• Corruption Issues: Mismanagement and corruption have marred council functioning, impacting effective governance.

• Example: Misuse of funds in the Chakma ADC in Mizoram has led to stalled development projects.

• Lack of Skilled Personnel: Development initiatives are poorly planned due to a lack of skilled professionals in councils.

• Example: The North Cachar Hills Council faced setbacks due to ill-planned infrastructure projects.

• Uncodified Customary Laws: Failure to codify tribal customary laws has resulted in legal ambiguities.

• Example: The Khasi Hills ADC has struggled with disputes over inheritance laws due to lack of codification.

• Political Interference: Autonomy is undermined by intervention from central and state authorities.

• Example: Political influence from Assam’s state government affects decision-making within the Karbi Anglong Council.

• Delay in Constitutional Reforms: The 125th Constitutional Amendment Bill, which aims to enhance council powers, remains pending, delaying reforms.

• Example: The absence of the Bill’s enactment limits the empowerment of councils like those in Tripura.

• Non-implementation of FRA: The Forest Rights Act, 2006, which ensures protection of tribal land, is yet to be implemented.
• Example: Many tribal families in the Garo Hills lack recognition of their forest rights due to non-implementation.

Way Forward 

• Establish Elected Village Councils: Create village councils accountable to Gram Sabhas to enhance grassroots democracy.
• Conduct Regular Elections: Ensure timely and fair elections to reduce dominance by tribal elites and strengthen democratic representation.
• Promote Inclusive Representation: Guarantee adequate representation of women and ethnic minorities in the autonomous councils to foster diversity in decision-making.
• Expand Geographical Coverage: Amend the Constitution to include more tribal regions needing protection, such as Ladakh, under the Sixth Schedule.
• Enhance Transparency: Improve transparency in the functioning, funding, and administration of councils to support effective socio-economic growth.