Even as the agitating Ladakhi groups claimed that their meeting with representatives of the Ministry of Home Affairs (MHA) on Wednesday ended in a deadlock, a proposal was made to add a constitutional provision similar to Article 371(K) to provide additional protection to Ladakh.
The Ladakh administration on Thursday said the proposed governance model in the Union Territory would neither be a state nor a Union Territory with a legislature, but a separate body vested with specific powers.
Speaking to media persons, Chief Secretary Ladakh Ashish Kundra said a sui generis model, which does not exist anywhere else in the country, would be created for Ladakh.
“It is not going to be a state, for sure. It is not a UT with a legislature, but it is some other body which will have these powers,” he said, adding that its nomenclature had yet to be finalised and discussions were underway.
Kundra, who is also a member of the sub-committee constituted to examine the issues concerning Ladakh, said the Sixth Schedule had certain limitations in the context of the region.
“It was subsequently explained that this model has its limitations. Therefore, the Central Government is willing to go ahead and offer something more. That ‘more’ is coming through Article 371,” he said.
He added that the proposed framework would be provided to Ladakh through a constitutional amendment, which would require a two-thirds majority in Parliament for approval. He stressed that political consensus across parties would also be necessary.
During the sub-committee meeting on Wednesday, Kundra said members of the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA) were asked a set of questions regarding the powers of the proposed UT-level body and the Ladakh Autonomous Hill Development Councils (LAHDCs).
“There are certain questions regarding the relationship between the UT-level body and the LAHDCs—for instance, what powers will come under the jurisdiction of the LAHDCs and what powers will come under the UT-level body,” he said.
He added that discussions were held on Wednesday regarding the UT-level body proposed to be constituted under Article 371 of the Constitution.
“In the previous meeting, which was held on July 3, it was decided that a UT-level body should be constituted under Article 371, and the discussion moved forward in the same direction,” he said, adding that there was consensus on direct elections for the UT-level body.
“The issue that came up for discussion was whether there should be direct elections from constituencies or indirect elections through the LAHDCs. The view of everyone from the Apex Body and the KDA was that there should be direct elections from constituencies, and there was consensus on this issue,” he said.
What will the new provision contain?
The proposed arrangement will provide for a directly elected governing body and certain safeguards for the people of Ladakh. The protection of people’s land, natural resources, culture and environment will be ensured. Legislative powers will also be emphasised.
A UT-Level Committee to Be Formed
Ashish Kundra stated that a UT-level body would be formed to ensure constitutional safeguards for Ladakh and that it would be directly elected. The body would have legislative, executive and financial powers.
The process for establishing this body would require parliamentary approval, including a two-thirds majority. Following the Constitutional Amendment Bill, legislation would also be introduced to regulate the powers and functioning of the body.
What is Article 371(K)?
Ashish Kundra has proposed the addition of a special provision to Article 371. Article 371 contains special provisions aimed at protecting the unique cultural, linguistic, social and other interests of certain states. Its various sub-clauses, from Article 371(A) to 371(J), provide specific safeguards for different states.
For example, Article 371 applies to Maharashtra and Gujarat. Article 371(A) provides special safeguards for Nagaland, including protection for the religious and social practices of the Naga people, Naga customary law and ownership and transfer of land and its resources. Article 371(B) provides for a committee of the Assam Legislative Assembly for the administration of tribal areas.
Article 371(C) provides for a committee of the Manipur Legislative Assembly for the administration of the state’s hill areas. Articles 371(D) and 371(E) contain special provisions relating to Andhra Pradesh and Telangana, including equitable opportunities in education and public employment.
Article 371(F) provides special provisions for Sikkim. Article 371(G) provides special safeguards for Mizoram, particularly concerning its religious and social practices, customary law, administration of justice and ownership and transfer of land. Article 371(H) provides special responsibility to the Governor of Arunachal Pradesh for maintaining law and order in the state under specified circumstances.
Article 371(I) contains a special provision relating to Goa, while Article 371(J) provides special provisions for the Hyderabad-Karnataka region of Karnataka.
The process of adding a new constitutional provision for Ladakh is now underway.