Centre Proposes Special Article 371 Governance Model for Ladakh

Centre Proposes Special Article 371 Governance Model for Ladakh

#GS-2 #Indian Polity & Constitution #Constitution #Federalism #Co-operative Federalism #Constitutional Amendments #Governance & Social Justice #Indian Society #Vulnerable Sections #Issues Related to SCs & STs #Ladakh #Article 371 #Sixth Schedule

Why in News

  • The **Ministry of Home Affairs (MHA)** recently published official minutes of its talks with civil society groups from **Ladakh**.
  • These official documents reveal a key breakthrough agreement where the Centre offered a customized self-governance framework under **Article 371** for the region.
  • This proposed draft agreement represents a major move toward ending long-standing political standoffs, public protests, and lack of local representation in **Ladakh**.

What is the Proposed Governance Model for Ladakh?

  • Rather than implementing the **Sixth Schedule**, the government plans a special customized system under **Article 371**, taking ideas from rules used in **Nagaland** and **Mizoram**.
  • This unique arrangement aims to provide strong legal protection for **Ladakh's** local land rights, tribal culture, and job opportunities for locals.
  • **Ladakh** will step away from being controlled purely by non-elected officials and bureaucrats.
  • The government will establish a democratically elected body for the entire Union Territory to give local residents a direct political voice.
  • This new elected council will hold real power, exercising distinct legislative, executive, and financial powers over local matters.
  • In a major governance shift, the elected representatives will directly supervise civil servants who handle subjects assigned to the body.
  • Elected leaders will also get the right to write performance reviews for these officers, making administrators directly accountable to local representatives.
  • The new region-wide legislature will coordinate smoothly with existing village-level **Panchayati Raj Institutions (PRIs)**.
  • Due to current financial burdens like government salary expenses, immediate statehood is not possible, but the Centre formally accepted Statehood as **Ladakh's** ultimate long-term goal.

Why is Ladakh Demanding Constitutional Safeguards?

  • In **August 2019**, Parliament repealed **Article 370** and passed the **Jammu and Kashmir Reorganisation Act, 2019**, splitting the former state into two territories.
  • While **Ladakh** fulfilled its old goal of becoming a separate Union Territory, it was created without an elected assembly.
  • Before **2019**, **Ladakh** sent **4** members to the state assembly, but as a Union Territory, decision-making fell strictly under the **Lieutenant Governor**, leaving local hill councils with limited power.
  • Between **2021** and **2026**, local groups led by activists like **Sonam Wangchuk** launched major protests over worries about losing their land and culture to outsiders.
  • Protesters demanded full statehood, protection under the **Sixth Schedule**, a separate **Ladakh Public Service Commission (LPSC)**, and **2** parliamentary seats covering **Leh** and **Kargil**.

Article 371

  • **Article 371** in **Part XXI** of the **Constitution of India** grants special provisions to specific states to meet their historical, cultural, and regional requirements.
  • While the core **Article 371** has existed since **26th January 1950**, lawmakers added **Articles 371A** through **371J** later using constitutional amendments under **Article 368**.
  • Unlike the **Sixth Schedule** which relies on autonomous district councils, **Article 371** enables state assemblies or Governors to restrict outsider land buying and shield local customs, such as in **Nagaland** under **Article 371A**.
  • For instance, **Article 371** allows the creation of dedicated regional development boards in states like **Maharashtra** and **Gujarat**.
  • These special sections cover multiple states including **Article 371A** for **Nagaland**, **371B** for **Assam**, **371C** for **Manipur**, **371D & 371E** for **Andhra Pradesh** and **Telangana**, **371F** for **Sikkim**, **371G** for **Mizoram**, **371H** for **Arunachal Pradesh**, **371I** for **Goa**, and **371J** for the **Kalyana Karnataka Region** of **Karnataka**.
  • The government contends that a tailor-made **Article 371** framework gives **Ladakh** strong safeguards for land and employment while avoiding the administrative headaches of the **Sixth Schedule**.

Frequently Asked Questions (FAQs)

  • Why did the Centre select **Article 371** over the **Sixth Schedule** for **Ladakh**? The government believes a customized **Article 371** framework protects local land, tribal culture, and jobs while offering greater administrative flexibility.
  • What are the main features of the proposed administrative model for **Ladakh**? It creates an elected territory-level body with legislative, financial, and executive powers that manages local bureaucrats and coordinates with **Panchayati Raj Institutions**.
  • What key demands did **Ladakh's** civil society groups present? They asked for full statehood, **Sixth Schedule** status, a dedicated **Ladakh Public Service Commission**, and **2** parliamentary seats.
  • How does **Article 371** differ from the **Sixth Schedule**? **Article 371** grants state-specific protections through constitutional clauses, whereas the **Sixth Schedule** sets up **Autonomous District Councils** with judicial, legislative, and administrative authority in tribal areas.