Ladakh Demand for Sixth Schedule
Ladakh Demand for Sixth Schedule: Understanding Constitutional Autonomy and Protection
The ongoing protests in Ladakh demanding inclusion under the Sixth Schedule of the Indian Constitution represent a critical intersection of democratic aspirations, cultural preservation, and administrative autonomy. The movement, led by prominent figures like environmentalist Sonam Wangchuk, has intensified following the creation of Ladakh as a Union Territory without legislature in 2019.
Understanding the Sixth Schedule
Constitutional Framework and Provisions
The Sixth Schedule, enshrined under Articles 244(2) and 275(1) of the Indian Constitution, provides a unique framework for the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. This constitutional provision establishes Autonomous District Councils (ADCs) and Regional Councils with significant legislative, executive, judicial, and financial powers.
The Schedule creates autonomous administrative divisions that function as “states within states,” providing tribal communities with constitutional protection and self-governance mechanisms. Each autonomous district has a District Council consisting of not more than 30 members (though recent amendments have increased this for some councils), with four nominated by the Governor and the rest elected through adult suffrage.
Powers and Functions of Autonomous Councils
The Sixth Schedule empowers ADCs with comprehensive authority across multiple domains:
Legislative Powers: District Councils can make laws on specified matters including land management, forests (excluding reserved forests), water resources, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs, and customary laws. However, all laws require the Governor’s assent before taking effect.
Executive Functions: Councils have authority to establish and manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road transport, and waterways within their jurisdiction. They can also prescribe language and manner of instruction in local schools.
Judicial Authority: ADCs can establish Village and District Council Courts for trying suits and cases where all parties belong to Scheduled Tribes. These courts handle matters related to tribal customs, land disputes, and inheritance, though they cannot decide cases involving offenses punishable by death or imprisonment exceeding five years.
Financial Autonomy: Councils possess powers to assess and collect land revenue, impose taxes on professions, trades, animals, vehicles, market entry fees, ferry tolls, and maintenance taxes for schools, dispensaries, and roads. They can also grant licenses for mineral extraction within their jurisdiction.
Current Areas Under Sixth Schedule
The Sixth Schedule currently covers 10 autonomous councils across four northeastern states:
Assam (3 Councils)
Bodoland Territorial Council (BTC): The largest autonomous council, administering the Bodoland Territorial Area with powers over 39 additional subjects including culture, education, health, agriculture, labor, and employment
Karbi Anglong Autonomous District Council (KAAC): Governing the Karbi Anglong district
Dima Hasao Autonomous District Council: Managing the Dima Hasao district
Meghalaya (3 Councils)
Garo Hills Autonomous District Council
Khasi Hills Autonomous District Council
Jaintia Hills Autonomous District Council
Tripura (1 Council)
Tripura Tribal Areas District Council
Mizoram (3 Councils)
Chakma Autonomous District Council
Lai Autonomous District Council
Mara Autonomous District Council
Ladakh’s Rationale for Sixth Schedule Inclusion
Demographic and Constitutional Justification
Ladakh presents a compelling case for Sixth Schedule inclusion, with over 97% of its population belonging to Scheduled Tribes. The National Commission for Scheduled Tribes (NCST) in 2019 recommended that Ladakh be placed under the Sixth Schedule, recognizing this overwhelming tribal demographic composition.
Key Motivations Behind the Demand
Political Autonomy and Democratic Representation: Since becoming a Union Territory without legislature in 2019, Ladakh lacks elected representatives and legislative power. The region previously had four MLAs in the erstwhile Jammu and Kashmir Assembly, but now faces complete bureaucratic administration. The Ladakh Autonomous Hill Development Council (LAHDC), which previously enjoyed significant autonomy, has been “reduced to footnotes” under direct central rule.
Protection of Land and Cultural Rights: The abrogation of Article 370 removed special protections that restricted non-domiciles from purchasing land in Ladakh. With the region’s fragile ecosystem threatened by unchecked tourism and infrastructure development, Sixth Schedule status would constitutionally protect tribal land rights and prevent demographic dilution.
Environmental Conservation: Ladakh’s unique high-altitude desert ecosystem, characterized by glaciers and alpine meadows, serves as crucial habitat for rare and endangered species. Climate activists have raised concerns about mining and industrialization in this fragile glacial environment. Sixth Schedule councils would possess powers over land use, forest management, and resource regulation, ensuring sustainable development.
Economic Autonomy and Employment: The current administrative setup has limited capacity for region-specific economic planning. Ladakh faces a severe unemployment crisis, with graduate unemployment at 26.5%—more than double the national average. The region lacks its own Public Service Commission, hindering efficient local recruitment. Locals demand strict domicile-based job reservations and greater employment opportunities.
Cultural Preservation: Sixth Schedule status would protect Ladakh’s unique cultural heritage, including indigenous languages such as Bhoti and Purgi, ensuring education in local languages and official communication in Ladakhi dialects. The diverse tribal communities including Gujjars, Bakarwals, Bots, Changpas, Baltis, and Purigpas have distinct cultures that require constitutional protection.
Advantages of Sixth Schedule Status
Democratic Empowerment and Local Governance
The Sixth Schedule facilitates democratic devolution of powers through ADCs that possess legislative, judicial, and administrative autonomy within states. This enables grassroots democracy suited to different tribal communities’ needs while ensuring local solutions to regional problems.
Cultural and Identity Protection
Sixth Schedule inclusion ensures protection of local languages, cultural practices, and customs. The Bodo language in Bodoland serves as a successful example of cultural preservation under this framework. ADCs can promote education in mother tongue and healthcare aligned with community practices.
The Schedule prevents alienation of tribal land to non-tribals, with village councils ensuring resource control remains with indigenous people. Councils can grant licenses for mineral extraction and impose taxes, with revenues reinvested in tribal development including education, health, and infrastructure.
Enhanced Financial Resources
Sixth Schedule areas receive enhanced quantum of Grant-in-Aid funds for rapid development and transformation. The Finance Commission makes specific recommendations for Grant-in-Aid to these areas, ensuring targeted development funding.
Focused Development Infrastructure
Local institutions managed by ADCs can establish and maintain primary schools, dispensaries, markets, roads, and fisheries. They can address culturally sensitive justice through village courts that handle disputes on land, inheritance, and customs.
Disadvantages and Challenges of Sixth Schedule
Limited Geographical Coverage and Representation
The Sixth Schedule areas are geographically limited and exclude numerous tribal communities, leading to unequal treatment. Currently restricted to certain tribal pockets in only four northeastern states, it fails to address tribal needs across India.
Conflicts of Interest and Power Struggles
Frequent conflicts arise between District Councils and state legislatures. In cases of conflict, state legislature prevails according to Paragraph 12(A) of the Sixth Schedule, limiting genuine autonomy. In Meghalaya, despite statehood, the entire state remains under Sixth Schedule, causing constant conflicts with the State Government.
Financial Dependency and Mismanagement
Autonomous councils remain dependent on respective state governments for funds, in addition to occasional central packages. There have been instances of corruption and financial mismanagement in various councils. Lack of timely constitution of State Finance Commissions delays fund devolution to councils.
Administrative and Capacity Constraints
Lack of effective decentralization remains a persistent issue, with limited real power transfer to local levels. Councils suffer from shortage of skilled planning professionals, resulting in ill-conceived development projects without proper technical and financial consideration.
Inter-Community Tensions
The Schedule has sometimes exacerbated inter-tribal conflicts and created tensions between tribal and non-tribal populations. Inflow of migrants has caused demographic imbalances and increased social tensions in some areas
Concentration of Power
Tribal elites have appropriated power, leaving common citizens helpless. The lack of decentralization within councils concentrates authority in few hands, undermining democratic principles.
Legal and Jurisdictional Complications
Failure to codify customary laws creates legal ambiguities. The coexistence of central, state, and customary laws recognized by the Sixth Schedule has created jurisdictional conflicts.
Recent Developments and Constitutional Amendments
In 2019, the Union Cabinet approved constitutional amendments to increase autonomy, financial resources, and powers of autonomous district councils. The Constitution (125th Amendment) Bill, 2019 enhanced membership of most ADCs and mandated the Finance Commission to recommend financial resource devolution.
The amendments increased membership of various councils: Karbi Anglong District Council from 30 to 50 members, while requiring nomination of two members from unrepresented tribes in Garo and Khasi ADCs of Meghalaya. However, the Standing Committee noted that increases lacked objective criteria such as population or area considerations.
Current Protests and Political Dynamics
The demand for Sixth Schedule status intensified dramatically in 2024-2025, with Sonam Wangchuk leading a 21-day “climate fast” beginning March 6, 2024. The BJP had promised Sixth Schedule implementation for Ladakh in both 2019 Lok Sabha elections and 2020 local elections, listing it as one of their top three priorities.
However, after ten rounds of meetings, the central government refused to bring Ladakh under the Sixth Schedule in March 2024, prompting widespread protests. The situation escalated dramatically on September 24, 2025, when protests turned violent for the first time, resulting in four civilian deaths and over 80 injuries. Police opened fire after protesters burned down a BJP office in Leh.
Wangchuk was subsequently arrested under the National Security Act, with authorities alleging he had acted in ways “prejudicial to the State and detrimental to maintenance of peace”. His detention under anti-terror laws has drawn national condemnation from activists across the country.
Strategic and Security Considerations
National Security Concerns: Some experts suggest the central government hesitates to grant Sixth Schedule status due to security concerns. The fear is that control over land, forests, and natural resources would shift to councils in a strategically sensitive border region.
Balancing Autonomy with Security: Ladakh’s position on disputed borders with China and Pakistan requires sensitive governance balancing regional autonomy with national security. However, supporters argue that community ownership would enhance rather than undermine resource control and governance.
Comparative Analysis: Fifth vs. Sixth Schedule
While both Schedules deal with tribal area administration, they have distinct approaches. The Fifth Schedule applies to scheduled areas in states other than the four northeastern states, with governors having power to prevent or modify laws and establish Tribal Advisory Councils.
The Sixth Schedule provides more autonomy, with councils deriving powers directly from the Constitution and having legislative authority over specific subjects. While Fifth Schedule areas are governed by Panchayati Raj without legislative power, Sixth Schedule areas are overseen by ADCs with significant legislative, executive, and judicial authority.
Constitutional Solutions for Ladakh: Exploring Alternatives to Sixth Schedule
The impasse over Ladakh’s Sixth Schedule demand has prompted constitutional experts and policymakers to explore alternative governance frameworks that could address the region’s legitimate aspirations while accommodating security and administrative concerns. Several potential solutions have emerged from academic discourse and expert opinions.
Alternative Solution 1: Granting Statehood to Ladakh
Expert Recommendations for Statehood
Former Ambassador P. Stobdan’s Perspective: Phunchok Stobdan, a former diplomat and Ladakh expert, has consistently advocated for statehood as the most comprehensive solution to the region’s governance challenges. He argues that “the union territory idea has failed to address the aspirations of the people of Ladakh” and emphasizes the need for democratic representation that only statehood can provide.
Stobdan suggests that the current crisis stems from the “inability to manage public perception” and the government’s failure to build an alternative narrative after creating the UT. He warns that “you can’t cut and paste tribal policies for Ladakh” as this would “increase its exclusion” rather than addressing core governance issues.
Constitutional Pathway for Statehood
Constitutional experts point out that granting statehood to Ladakh can be achieved through parliamentary legislation under Articles 3 and 4 of the Constitution. This process does not require a constitutional amendment and primarily requires political will rather than complex legal procedures.
Advantages of Statehood:
Full Political Representation: Statehood would restore complete democratic representation with an elected Chief Minister, cabinet, and legislative assembly
Legislative Authority: A state legislature would have comprehensive law-making powers on all subjects except those in the Union List
Financial Autonomy: States enjoy greater financial independence and can formulate their own budgets and development plans
Administrative Control: Direct governance by elected representatives rather than bureaucratic administration under a Lieutenant Governor
Challenges with Statehood:
Security Coordination: Some experts argue that statehood could complicate administrative and security coordination in the sensitive border region
Administrative Complexity: Full statehood may create additional bureaucratic layers that could slow decision-making processes
Demographic Concerns: Without accompanying protective measures, statehood alone may not address fears about land alienation and cultural dilution
Alternative Solution 2: Union Territory with Legislature
Constitutional Framework under Article 239A
Several experts have recommended creating a Union Territory with legislature for Ladakh, similar to the models of Delhi and Puducherry. Under Article 239A, Parliament can create a legislature for any Union Territory, providing democratic representation while maintaining central oversight on strategic matters.
Expert Opinion from Sajjad Kargilli: A member of the Kargil Democratic Alliance argues that Ladakh “deserves to have statehood because our prime minister always voices for democracy” and emphasizes that the “government has right to give representation, not right to snatch representation”. He points out that Ladakh previously had four MLAs and two MLCs in the erstwhile J&K Assembly, but now has “become voiceless”.
Hybrid Governance Models
Reddit User Perspective: Online discussions suggest that “Ladakh should be given UT with legislature but the border, defence & some sort of infrastructure should be in the hands of the Centre”. This reflects public opinion favoring a balanced approach that combines local autonomy with national security considerations.
Benefits of UT with Legislature
Democratic Representation: Elected assembly with Chief Minister and cabinet, similar to J&K UT
Controlled Autonomy: Central government retains control over defence, security, and strategic infrastructure
Rajya Sabha Representation: UTs with legislatures send representatives to both Lok Sabha and Rajya Sabha
Legislative Powers: Authority to make laws on state subjects while central subjects remain with Parliament
Alternative Solution 3: Article 371 Extensions
Government’s Proposed Framework
Union Home Minister Amit Shah has reportedly offered Article 371-like protections to Ladakh as an alternative to Sixth Schedule inclusion. This proposal would provide special provisions for the region while stopping short of the widespread autonomy offered by the Sixth Schedule.
Expert Analysis of Article 371 Provisions
Constitutional Law Perspective: Legal experts argue that Article 371 provisions may fall short of addressing Ladakh’s complex requirements. Analysis suggests that “even statehood (if granted) along with a new provision under Article 371 might fall short of what Sixth Schedule and statehood would achieve”.
Precedents and Limitations: All existing states under Article 371 have statehood, and the provisions operate within that framework. Since Ladakh is a Union Territory without legislature, applying Article 371 protections may not provide the same level of autonomy or democratic participation.
Proposed Article 371 Features for Ladakh
Based on government discussions, Article 371 protections for Ladakh might include:
Job Reservations: Up to 80% reservation in public employment for locals
Land Protection: Safeguards against land alienation to non-residents
Cultural Preservation: Protection of local customs, languages, and traditions
Hill Council Empowerment: Strengthened role for existing LAHDCs in governance
Alternative Solution 4: Enhanced LAHDC Powers Model
Strengthening Existing Institutions
Constitutional experts suggest expanding powers of Ladakh Autonomous Hill Development Councils (LAHDCs) in Leh and Kargil with enhanced legislative, executive, and judicial authority over local governance, resource management, and cultural preservation.
This approach would build on existing institutions without requiring constitutional amendments, fostering grassroots democracy while addressing autonomy demands. The enhanced LAHDC model could include:
Greater Legislative Authority: Law-making powers on local matters including land, culture, and employment
Financial Independence: Direct central funding and revenue generation powers
Judicial Functions: Expanded dispute resolution mechanisms for local issues
Administrative Control: Authority over local development planning and implementation
Special Legislative Status Framework
Experts propose introducing a dedicated Act of Parliament under Article 240 to grant Ladakh’s representatives law-making powers on local matters while maintaining central control over defence and security. This hybrid model would balance regional aspirations with national strategic interests.
Alternative Solution 5: Modified Sixth Schedule Framework
Tailored Constitutional Arrangement
Constitutional scholars recommend exploring a modified Sixth Schedule framework specifically tailored for Ladakh’s ethnic, geographic, and security context. This approach would require constitutional amendment but could provide comprehensive autonomy while addressing security concerns.
Joint Committee Approach: Experts suggest establishing a joint committee of local leaders and central authorities to draft safeguards ensuring autonomy with accountability and preventing misuse of powers.
Sikkim-Style Autonomy Model
P. Stobdan’s Alternative Suggestion: In his expert analysis, former Ambassador Stobdan has mentioned “Sikkim-style autonomy formula” as a potential solution. This model could provide significant local autonomy while maintaining special relationship with the central government.
Expert Consensus and Recommendations
Constitutional Pathways Available
Legal experts emphasize that multiple constitutional pathways exist for addressing Ladakh’s governance challenges:
Sixth Schedule Inclusion: Via Presidential Notification based on Governor’s recommendation
Legislature Creation: Under Article 239A, similar to Puducherry model
Full Statehood: Through parliamentary legislation under Articles 3 and 4
Article 371 Extensions: Special provisions tailored for Ladakh’s requirements
None of these options requires constitutional amendment—they only require political will.
Constitutional Experts’ Final Assessment
The consensus among constitutional experts and regional specialists suggests that Ladakh’s governance challenge requires innovative solutions that combine elements from different constitutional frameworks. The key principles for any solution include:
Democratic Legitimacy: Ensuring elected representation and local participation in governance
Cultural Protection: Constitutional safeguards for tribal identity, land rights, and customs
Security Balance: Maintaining central authority over defence while granting local autonomy
Environmental Sustainability: Powers for local resource management and ecological protection
Economic Development: Institutional capacity for employment generation and development planning
The choice between these alternatives ultimately depends on political will, security assessments, and community preferences. However, experts unanimously agree that maintaining the current status quo without addressing legitimate aspirations risks further alienation and instability in this strategically vital region.
The Ladakh situation presents an opportunity for India to demonstrate constitutional flexibility and democratic accommodation while maintaining territorial security and national unity. The solution, whatever form it takes, must reflect India’s commitment to both unity and diversity as enshrined in the Constitution.
Sources: 1. The Hindu 2. The Indian Express
