In a recent meeting, Union Home Minister Amit Shah addressed representatives from Ladakh, acknowledging the region’s ongoing protests. He proposed extending Article 371-like protections to Ladakh, emphasising that while the government would address concerns related to jobs, land, and culture, it wouldn’t include Ladakh in the Sixth Schedule of the Constitution.
Let’s delve into the significance of these constitutional provisions and understand their implications for Ladakh.
Understanding the Sixth Schedule of the Constitution
The Sixth Schedule of the Indian Constitution outlines administrative provisions for tribal areas in select states. It allows the creation of Autonomous District and Regional Councils (ADCs and ARCs), empowering these regions with the authority to govern various aspects of their socio-economic and cultural affairs.
Key areas under the purview of ADCs and ARCs include forest management, agriculture, administration of villages and towns, inheritance, marriage, divorce, and social customs. Additionally, they can establish village councils or courts and have jurisdiction over criminal and civil laws within certain parameters.
Exploring Article 371 Protections
Article 371 and its various sub-sections offer special provisions tailored to address the unique needs and identities of specific states and communities within India. For instance:
- Article 371-A (Nagaland): Safeguards the social, religious, and customary practices of the Nagas, and mandates state Assembly concurrence for laws concerning land transfer and ownership.
- Article 371-B and C (Assam and Manipur): Articles 371-B and C allow the creation of special committees in the Legislative Assemblies of Assam and Manipur. These committees comprise MLAs elected from tribal areas and Hill areas respectively.
- Article 371-F (Sikkim): Provides reservations in the Legislative Assembly to protect the rights and interests of various population segments.
These provisions aim to balance regional autonomy with national integration, ensuring that diverse cultural and socio-political identities are respected and represented within the Indian constitutional framework.
Implications and Historical Context
Introducing Article 371-like protections for Ladakh would mark a significant departure from past applications, as these protections have traditionally been extended to states rather than Union Territories. This underscores the evolving nature of India’s constitutional framework and its responsiveness to the diverse needs and aspirations of its regions and communities.