Why in news?
Ladakh announced panchayat, municipal and hill council polls; the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA) seek postponement amid stalled talks on statehood and Sixth Schedule.
UPSC Relevance
Prelims: Union Territories (Article 239), Sixth Schedule, Article 371, LAHDC, J&K Reorganisation Act 2019, geography of Ladakh.
Mains GS-2: Functions and responsibilities of the Union and the States; Devolution of powers and finances up to local levels; Comparison of constitutional schemes; Mechanisms for protection of vulnerable sections.
Ladakh – Political and administrative setup
Before 2019: Ladakh was a region of the State of Jammu and Kashmir. It sent four members to the J&K Legislative Assembly and was governed locally through the two hill councils.
After 2019: The J&K Reorganisation Act, 2019 split the State into two UTs from 31 October 2019 – J&K with a legislature and Ladakh without a legislature.
| Level | Present arrangement |
|---|---|
| Union Government | Ladakh is administered by the President under Article 239 through a Lieutenant Governor (LG). Laws come from Parliament and regulations under Article 240 |
| LG-led administration | LG, Chief Secretary and bureaucracy run the UT. No elected Council of Ministers |
| Parliament | One Lok Sabha seat (Ladakh); no Rajya Sabha seat |
| Hill Councils (LAHDC) | Statutory bodies, earlier only in Leh (1995) and Kargil (2003). Now restructured into district-level councils |
| Urban bodies | Leh Municipal Council (21 wards) and Kargil Municipal Council (17 wards) |
| Panchayats | Panchayat halqas with elected sarpanches and panches |
The hill councils (LAHDC)
- Nature: Created under the Ladakh Autonomous Hill Development Council Act. They are statutory, not constitutional, bodies – unlike Sixth Schedule councils.
- Earlier structure: Two councils (Leh and Kargil), each with 26 elected and some nominated members, covering 52 constituencies in total.
- Functions: Local planning, land use within the district, health, education, rural development and use of funds allotted to them.
- Limitations: They cannot make laws, have limited control over land and jobs, and depend on the UT administration for funds and staff. After 2019, power shifted further towards the LG and bureaucracy.
What is new in the upcoming polls
- New districts and councils: The administration has restructured local governance by creating new districts, each with its own hill council. In August 2024, the MHA had announced five new districts – Zanskar, Drass, Sham, Nubra and Changthang.
- 100 constituencies: Each council will have 7 to 24 elected members. Average of about 1,900 voters per constituency (around 1.9 lakh voters overall).
- Women’s reservation: For the first time, 36 of 100 hill council seats are reserved for women (one-third reservation introduced through 2025 regulations).
- Unopposed results: 55 of 192 sarpanches and 1,186 of 1,428 panches have already been elected unopposed. Four of 17 wards in Kargil Municipal Council also went uncontested.
Why civil society groups object
- Who they are: Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) – umbrella groups of political, social and religious organisations from both districts.
- Timing: Winter polls may keep out students and elderly people who move to warmer places. They want hill council polls in April-May next year. Ladakh’s MP has made the same demand.
- Short window: Parties have little time to campaign or form alliances.
- Trust deficit: Allegations of ‘unilateral decisions without consultation’. They also demand that the judicial inquiry report on the September 2025 Leh violence (four civilians killed, around 80 injured) be made public.
- Talks stalled: They fear elections will be used to project normalcy while core demands remain unaddressed.
Core demands of Ladakh
- Statehood – an elected legislature for Ladakh.
- Sixth Schedule – constitutional safeguards for land, culture, jobs and identity.
- Separate Public Service Commission and job protection for locals.
- Two Lok Sabha seats – one each for Leh and Kargil.
Sixth Schedule vs Article 371 – the core debate
| Basis | Sixth Schedule | Article 371-type special provision |
|---|---|---|
| Where it applies | Tribal areas of Assam, Meghalaya, Tripura, Mizoram (Articles 244(2) and 275(1)) | Specific states such as Nagaland (371A), Mizoram (371G), Sikkim (371F) |
| Institution | Autonomous District Councils – up to 30 members, 4 nominated by Governor | No separate council necessarily; protections written into the Constitution for the state |
| Powers | Law-making on land, forests, water use, village administration, inheritance, marriage and customs; judicial and taxation powers | Protection of customary law, land ownership, local resources – varies from state to state |
| Ladakh’s view | Preferred demand | Rejected the MHA draft as ‘a departure from earlier promises’ |
- Centre’s concerns about the Sixth Schedule: Designed for the Northeast; strategic border area; experience of ADCs shows weak finances and frequent friction with state governments.
- Constitutional catch: Article 371 provisions currently apply only to states. A ‘sui generis’ arrangement for a UT would need a constitutional amendment.
Way forward
- Resume dialogue: Restart talks with LAB and KDA and share the draft openly to rebuild trust.
- Empower hill councils: Real control over land, local jobs, planning and funds, with legislative-type powers on local matters.
- Constitutional safeguards: A tailor-made provision (via amendment) protecting land, culture and jobs, combining features of the Sixth Schedule and Article 371.
- Recruitment and youth: Set up a dedicated recruitment body and fill vacancies quickly.
- Climate-sensitive elections: Schedule polls when maximum people can vote; consult stakeholders on timing.
- Ecology-first development: Environmental assessment and local consent for large projects.
- Transparency: Release the judicial inquiry report on the 2025 violence to address grievances.
Ladakh needs a model that respects its strategic importance and also gives its people a real say in their own governance. Local elections are a good start, but they will work only if backed by trust and meaningful powers.
Practice MCQ
Q1. Consider the following statements regarding the Sixth Schedule of the Constitution of India:
1. It applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram.
2. An Autonomous District Council can have up to 30 members, of whom four are nominated by the Governor.
3. The Union Territory of Ladakh is administered under the Sixth Schedule.
How many of the above statements are correct?
(a) Only one (b) Only two (c) All three (d) None
Answer: (b)
Explanation: Statement 3 is incorrect. Ladakh is not under the Sixth Schedule; its inclusion is one of the main demands of LAB and KDA.
Q2. Consider the following statements:
Statement-I: The Ladakh Autonomous Hill Development Councils of Leh and Kargil are not constitutional bodies.
Statement-II: These councils were created under the Sixth Schedule of the Constitution.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
(b) Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
(c) Statement-I is correct, but Statement-II is incorrect
(d) Statement-I is incorrect, but Statement-II is correct
Answer: (c)
Explanation: LAHDCs are statutory bodies created under a law, not under the Sixth Schedule. That is exactly why Ladakh is demanding Sixth Schedule protection.
Mains Practice Question
“Ladakh’s demands for statehood and Sixth Schedule status reflect the tension between local democratic aspirations and the strategic concerns of the Union.” Critically analyse this statement in the light of Ladakh’s governance framework after 2019. (15 marks, 250 words)
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