Ministry evades direct reply on demand to include Ladakh under 6th Schedule

Ministry evades direct reply on demand to include Ladakh under 6th Schedule

Subject: Polity

Context: The Union Home Ministry while evading a reply on the possible inclusion of Ladakh under the Fifth/Sixth Schedule of the Constitution, said that the main objective of the inclusion of tribal populations under the Sixth Schedule is to ensure the overall socio-economic development and the administration of Ladakh is already taking care of it since its inception.

• The erstwhile State of Jammu & Kashmir was divided into the Union Territories of Jammu & Kashmir and Ladakh and there is no Legislative Assembly in Ladakh at present.

 About the issue

• Post the removal of the special status, various political groups in Ladakh have been demanding the protection of land, employment and cultural identity under the Sixth Schedule.
• In 2021, Ladakh’s only member in the Lok Sabha demanded constitutional safeguards by amending the Ladakh Autonomous Hill District Council Act.
• Later, acknowledging the developmental requirements of the tribal population, the Parliamentary Standing Committee on Home Affairs placed a report in the Rajya Sabha recommending that special status may be granted to the UT.
• If an area is included under the Sixth Schedule, the tribal population of that area would be protected by extending autonomy to communities through the creation of Autonomous Development Councils, which can frame laws on land, public health and agriculture..

About Sixth Schedule of the Constitution

• It provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
• This special provision is provided under Article 244(2) and Article 275(1) of the Constitution.
• It seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
• ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.

Features:

• Provisions have been made for the creation of the District Councils and regional councils for the exercise of certain legislative and judicial powers.
• However, their jurisdiction is subject to the jurisdiction of the concerned High Court.
• They have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.
• They also have powers to levy taxes, fees and tolls on buildings, land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.
• The Acts of Parliament or the State Legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.
• the Governor is vested with powers regarding the councils. He/she, by public notification, may:
• Include or exclude any new area.
• Create a new autonomous district.
• Define the boundaries of any autonomous district.
• Increase or decrease the area of an existing autonomous district.
• Alter the name of any autonomous district.