Ladakh Demand for Sixth Schedule
Introduction
Article 244: Autonomous District Councils (ADCs), which have some legislative, judicial, and administrative autonomy within a state, are created through the Sixth Schedule in accordance with Article 244.
The governance of tribal territories in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram is subject to unique rules included in the Sixth Schedule.
The sixth schedule is actually designed for the northeastern states of India. It provides special provisions for the tribal people who are present in the four north-eastern states of Assam, Meghalaya, Tirupura, and Mizoram
Autonomous district council:As in the above-mentioned states, The tribal areas in those regions have become ADC, and the governor is empowered to organise and reorganise the ADC.
These areas have some exceptions, such as the fact that acts passed by parliament and the state legislature will not be implemented in those areas
The power of control will lie in the hands of the president or governor of the state.
District autonomous council: every ADC has a DAC, which consists of thirty members.Four members were nominated by the governor, and the remaining 26 members were elected on the basis of adult franchise.
Council Authority: The districts and regional councils are in charge of managing the regions that fall within their purview.Laws pertaining to land, forests, canal water, shifting agriculture, village administration, property inheritance, marriage and divorce, social norms, and other specific topics are within their purview. However, the governor must consent to every such piece of legislation.They could serve as village councils or tribal courts to hear lawsuits and other disputes. They hear their appeals. The governor specifies what matters and suits are under the high court’s jurisdiction.Primary schools, pharmacies, markets, ferries, fisheries, roads, and other facilities can all be established, built, or managed by the district council.They have the authority to evaluate, collect, and impose certain land revenue requirements.
Why Ladakh demands sixth schedule?
There was much enthusiasm, particularly in Leh, following the rulings on August 5, 2019, which established two new Union Territories. Because it felt ignored by the previous state government, which was presided over by parliamentarians from Jammu and Kashmir, the predominantly Buddhist Leh area had long wanted UT status.
But excitement quickly faded when it was revealed that the UT of Ladakh would not have a legislature, but the UT of J&K would. In the previous J&K Assembly, the region had four MLAs; today, bureaucrats control every aspect of the territory’s governance.
The administration now seems even further apart from Ladakh than it was in Srinagar, to many locals there. In addition, the region’s changing domicile policy in Jammu and Kashmir has raised concerns regarding its own land, jobs, demographics, and cultural identity.
Although the UT contains two Hill councils in Leh and Kargil, none of them are protected under the Sixth Schedule. Their jurisdiction is restricted to the allotment and use of land that the Center has committed to them, as well as the collection of certain municipal levies like parking fees.
Members of the Leh Apex Body Namgyal also asked the government to clarify “what will be the role and responsibility of the central government, the UT administration, and the Lieutenant Governor” in the Lok Sabha and to change the Ladakh Hill Development Council Act
Ladakh demand for state hood
Social, religious, and political leaders in Leh and Kargil have gone beyond the Sixth Schedule to call for Ladakh’s complete statehood as well as job and land security for the local populace. In support of these demands, the area went totally dark on Monday; a bandh of a similar nature was held in August when State Minister for Home Nityanand Rai visited Leh.
The Kargil district, home to Shia Muslims, has seen demands for both the restoration of special status and a merger with the J&K UT, which has been established as a legislative body. Under the KDA’s auspices, representatives of the social, religious, and political organizations in Kargil have united.
Author : Potnuri Bala Nirguna Naga Sathwik, a Student of Sastra University