Ladakh, a region known for its stunning landscapes and strategic importance, has been seeking special status since its separation from Jammu and Kashmir in 2019. After becoming a Union Territory, Ladakh’s unique cultural, environmental, and developmental challenges have led local leaders and residents to push for greater autonomy and protection. They are asking for constitutional safeguards similar to those once provided to Jammu and Kashmir, including land and job protections for locals, and measures to preserve their cultural identity. This special status is seen as crucial for ensuring balanced development and safeguarding Ladakh’s distinct way of life.
Tags: GS02: Special Status, Fedralism
Why in News:
- Climate activist Sonam Wangchuk was detained at the Delhi border while leading protesters.
About: Mr. Wangchuk demanded that the Central government should include Ladakh in the Sixth Schedule of the Constitution, along with other autonomy-related requests for the region. While in past similar autonomy demands have arisen in Arunachal Pradesh and Manipur.
Asymmetrical Federalism:
- Asymmetrical federalism is a governance structure where certain states or regions enjoy more autonomy and special provisions than others. The Indian Constitution provides varying degrees of autonomy to some states and regions, contrasting with a symmetrical federation (like the U.S. or Australia), where all states possess equal powers. Examples: Areas/states under the Fifth and Sixth Schedules.
Background of the Fifth and Sixth Schedules:
- Pre-British Era: Tribal populations maintained control over their lands and enjoyed autonomy under earlier Muslim rulers.
- British Era: British policies, particularly restrictive forest laws, adversely affected tribal rights, leading to discontent and several tribal uprisings, such as the Kol rebellion (1831-32), Santhal revolt (1885), Munda Rebellion (1899-1900), and the Bastar rebellion (1911).
- Post-Rebellion Policies: In response to these revolts, the British implemented an isolationist policy, creating ‘excluded’ and ‘partially excluded’ areas in the Government of India Act, 1935. The Fifth and Sixth Schedules were established based on these earlier provisions.
- Fifth Schedule: The Fifth Schedule applies to ‘scheduled areas’ designated by the President. Key criteria for designating an area as a ‘scheduled area’ include a significant tribal population, geographical compactness, the viability of administrative units like districts or blocks, and economic backwardness. Currently, ten states have such ‘scheduled areas.’
- Tribes Advisory Councils (TAC): Established to advise on the welfare of Scheduled Tribes (ST). The Governor, with the Central government’s approval, regulates land allotment and transfer among ST members and oversees money-lending practices in these areas. The Governor can also modify the applicability of specific acts of Parliament or State legislatures in these areas.
- Sixth Schedule: This schedule pertains to tribal areas in Assam, Meghalaya, Mizoram, and Tripura, currently covering ten such areas. Autonomous District Councils (ADC) are formed in these tribal regions.
- ADCs have the authority to legislate on land use, shifting cultivation, property inheritance, marriage and divorce, and social customs, subject to Governor approval. State laws do not automatically apply unless extended by the ADC.
- ADCs can also manage primary schools, healthcare facilities, infrastructure, and collect taxes.
- These areas possess greater executive, legislative, judicial, and financial powers compared to those under the Fifth Schedule.
- Special Provisions for Northeastern States: In addition to the Fifth and Sixth Schedules, many northeastern states benefit from special provisions outlined in Part XXI of the Constitution, specifically Articles 371A (Nagaland), 371B (Assam), 371C (Manipur), 371F (Sikkim), 371G (Mizoram), and 371H (Arunachal Pradesh).
Need for Further Reform:
- Autonomy on Paper vs. Practice: The regulations made by Governors in scheduled areas require Central government approval. Similarly, laws enacted by ADCs depend on Governor approval. Political differences between parties at the Centre, State, and ADC levels can impact the autonomy of these regions.
- Unnotified Areas: Numerous tribal regions across India remain unrecognized as scheduled areas, lacking constitutional protections.
- 125th Constitutional Amendment Bill: This bill, currently pending in the Rajya Sabha, aims to enhance the powers of Autonomous District Councils (ADCs).
- Growing Demand for Inclusion: Regions like Arunachal Pradesh, Manipur Hill Areas, and Ladakh are seeking inclusion under the Sixth Schedule.
- Forest Rights Act, 2006: There is a need to ensure recognition of tribal forest rights nationwide, including in Fifth and Sixth Schedule areas.
Source: TH
To get free counseling/support on UPSC preparation from expert mentors please call 9773890604
- Join our Main Telegram Channel and access PYQs, Current Affairs and UPSC Guidance for free – Edukemy for IAS
- Learn Economy for free- Economy for UPSC
- Learn CSAT – CSAT for UPSC
- Mains Answer Writing Practice-Mains Answer Writing
- For UPSC Prelims Resources, Click here
