Proposed Article 371(K) for Governance in Ladakh

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Key takeaways

The Union Ministry of Home Affairs proposed Article 371(K) under Part XXI to establish an elected legislative body for the Union Territory of Ladakh.
While Article 371 currently provides special provisions to 12 States, applying it to a Union Territory represents a new constitutional model.
Following the abrogation of Article 370 in 2019, regional groups demanded full statehood and protection under the Sixth Schedule.
The National Commission for Scheduled Tribes recommended the Sixth Schedule in 2019, but the proposal favors a single UT-level legislative body over local councils.

The Union Ministry of Home Affairs (MHA) has proposed adding a new Article 371(K) under Part XXI of the Constitution for Ladakh.
This proposed amendment aims to create a unique governance structure featuring a directly elected territorial body with legislative powers.

After the Jammu and Kashmir Reorganisation Act, 2019 and the abrogation of Article 370, Ladakh became a Union Territory without a legislative assembly.
Bureaucratic control and changes to local residency rules caused deep anxiety among residents regarding land, employment, and cultural preservation.
These concerns prompted the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) to unite and demand full statehood along with Sixth Schedule protections.
The regional groups also demanded dedicated public service commissions for local employment and expanded parliamentary representation for the region.

The proposal grants the UT-level assembly authority over land, property transfers, language, culture, forests, environment, and natural resources.
The governance body will be chosen through direct elections based on universal adult franchise, ending purely bureaucratic administration.
The legislative powers would align with subjects reserved for presidential regulations in Union Territories under Article 240.
This framework mirrors provisions in Article 371A for Nagaland and Article 371G for Mizoram, preventing central laws on local traditions and land from applying without local consent.
The primary goal is to restore elected democratic governance while safeguarding regional ecology and tribal culture without granting full statehood.

Article 371 currently provides special asymmetric safeguards to 12 States, including Gujarat and Nagaland, to protect local rights and land.
Applying Article 371 provisions to a Union Territory represents a major constitutional shift from its traditional application to full states.
The Sixth Schedule under Article 244 creates Autonomous District Councils (ADCs) with wide administrative, judicial, and legislative autonomy in four northeastern states.
Although the National Commission for Scheduled Tribes (NCST) advocated the Sixth Schedule for Ladakh in 2019, the Centre preferred a single UT-level mechanism under Article 371(K).

Ladakh is presently governed locally by two Autonomous Hill Development Councils in Leh and Kargil, but their authority remains highly constrained.
Neither Hill Council possesses the constitutional protection provided under the Sixth Schedule of the Indian Constitution.
The Article 371(K) draft leaves key areas undecided, including financial autonomy, budget allocation powers, and executive control.
Crucial matters like police administration and public order maintenance also remain unresolved under the proposed Union Territory structure.