Context: Recently, a demand has been raised in Parliament by ruling party MP from Ladakh has that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population.

Background

• Earlier, The Jammu and Kashmir Reorganisation Act, 2019 was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature). 

Why does Ladakh want to be part of the Sixth Schedule?

• Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
• Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
• Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
• Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
• New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
• Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.

Cultural significance of Ladakh

• Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
• It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.

Can Ladakh be included in Sixth Schedule?

• NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
• Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.

Legal hurdles

• Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
• Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
• Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.

Government’s response in this regard

• The Centre woke up to the anxieties of the region when, a year after the abrogation of Article 370, when all political parties announced a boycott of the LAHDC-Leh elections.
• The political factions in Ladakh were promised “Sixth Schedule-like” protections by the Home Minister.
• The MHA has in Jan announced that a committee under then MoS Home G Kishan Reddy would be formed to address the issues related to language of Ladakh, culture of Ladakh and conservation of land in Ladakh.
• It had assured representatives of Kargil and Leh that the government was committed to look into their concerns.

Road Ahead

• Inclusion in the sixth schedule will help in democratic devolution of powers in the region and will also enhance the transfer of funds for speedy development of the region.