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Context:
Climate activist Sonam Wangchuk led a group of protesters to demand the inclusion of Ladakh in the Sixth Schedule of the Constitution.
Details
The demand to include Ladakh under the Sixth Schedule of the Indian Constitution has been recently stressed by the climate activist Sonam Wangchuk. The Sixth Schedule provides a framework for greater autonomy to tribal areas, allowing the people of Ladakh to manage their affairs and conserve their cultural identities.
Background
Ladhak was part of Jammu and Kashmir state and was governed under Article 370 of the Indian Constitution. The Union Government in August 2019, abolished Article 370, and divided the former state of Jammu and Kashmir into two Union Territories: Jammu and Kashmir, and Ladakh.
Key Demands
- The demand to grant full statehood with its own legislature to provide greater autonomy and control over local governance.
- Inclusion of Ladakh in the Sixth Schedule of the Indian Constitution. The 6th Schedule includes the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram through autonomous district councils. Given that over 97% of Ladakh’s population is tribal, this inclusion would help to protect their cultural and economic interests.
- There are demands for increasing the number of Lok Sabha seats from one to two, to ensure better representation for both Leh and Kargil districts.
People in Ladakh argue that special status is necessary to protect their unique culture, resources, and rights from outside influences. Northeastern states like Arunachal Pradesh and Manipur also demand similar status to ensure their rights and autonomy.
About Asymmetrical Federalism
The federal structure of India is unique because it practises asymmetrical federalism, where certain regions have more powers and autonomy than others. Unlike symmetrical federations, where all states have the same rights, India allows some states to have special provisions, particularly in areas with significant tribal populations.
The Fifth and Sixth Schedules were introduced in the Indian Constitution in response to historical injustices faced by tribal communities.
- Before Britshers: Tribal populations had autonomy over their lands and lifestyles. They were not significantly controlled by earlier rulers.
- British Influence: British policies, especially regarding forest management, had disrupted tribal life. Traditional rights over land were not recognized, leading to significant unrest and several tribal rebellions, including the Kol and Santhal revolts.
The British introduced the concepts of ‘excluded’ and ‘partially excluded’ areas under the Government of India Act, 1935.
- Excluded Areas: These were primarily hilly regions where governors had full legislative power.
- Partially Excluded Areas: These areas had some legislative autonomy, but governors still held significant power to modify laws.
Fifth Schedule applies to ‘Scheduled Areas’
- The Fifth Schedule under Article 244(1) of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. It aims to protect the interests of tribal communities in these areas, ensuring their cultural and economic well-being.
- The President of India has the authority to declare areas as Scheduled Areas, alter their boundaries, and increase or decrease their extent after consulting with the Governor of the respective state.
- The executive power of the state extends to these areas, but the central government can issue directives to the state regarding their administration. The Governor has special responsibilities, including submitting annual reports to the President on the administration of these areas.
- Each state with Scheduled Areas must establish a Tribes Advisory Council (TAC) to advise on the welfare and advancement of Scheduled Tribes. The council consists of 20 members, with three-fourths being representatives of Scheduled Tribes in the state legislative assembly.
- The Governor can direct that certain laws of Parliament or the state legislature do not apply to Scheduled Areas or apply with modifications. The Governor can also make regulations for peace and good governance in these areas, subject to the President’s assent.
Sixth Schedule focuses on ‘Tribal Areas’
- The Sixth Schedule under Article 244(2) of the Constitution provides for the administration of tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It focuses on granting considerable autonomy to tribal communities in these areas, allowing them to govern themselves and preserve their cultural identity.
- The 6th Schedule establishes Autonomous District Councils (ADCs) in each tribal area. These councils have legislative, administrative, and judicial powers within their jurisdiction. ADCs can make laws on various subjects, including land, forest management, water resources, agriculture, and village administration.
- ADCs receive funds from the central government for social and infrastructure development. They have the authority to levy and collect taxes, fees, and tolls within their areas.
- ADCs can establish village courts to adjudicate disputes involving tribal members. They have the power to make rules for the administration of justice and maintenance of law and order.
- The Governor of the state has the power to appoint and remove members of the ADCs, approve or disapprove laws passed by the councils, and dissolve the councils if necessary.
Overall, areas under the Sixth Schedule have more autonomy compared to those under the Fifth Schedule.
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Several northeastern states have special provisions under Part XXI of the Constitution (Articles 371A to 371H) to protect local customs, mandate special legislative committees, and transfer unique responsibilities to state governors.
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Challenges and Way Forward
- Autonomy is usually more theoretical than practical. The Union government often has the final voice, which can undermine local governance. Many tribal habitations are not categorised as scheduled areas, denying them their constitutional protections.
- It is essential to recognize the forest rights of tribal communities under the Forest Rights Act, 2006, to empower them fully. There is a need for careful management of natural resources to avoid environmental degradation.
- Developing infrastructure like roads, schools, and hospitals is crucial for improving the quality of life. However, this requires adequate funding and planning. As tourism increases, there is a risk of losing traditional lifestyles. Balancing development with cultural preservation is essential.
Conclusion
The demand for special status for Ladakh reflects a broader struggle for recognition and autonomy by tribal populations across India. By addressing these demands and reforming existing provisions, the Union government can promote greater inclusion and protect the rights and cultures of diverse communities.
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Source:
THE HINDU
WIKIPEDIA
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PRACTICE QUESTION
Q.Asymmetrical federalism aims to achieve which of the following?
1. Integration of diverse cultural identities
2. Uniform application of laws across states
3. Recognition of regional autonomy
4. Centralized governance
Select the correct answer using the codes given below:
A) 1 and 3 only
B) 2 and 4 only
C) 1, 2, and 4 only
D) 1 and 2 only
Answer: A
Explanation:
Statement 1 is correct: Asymmetrical federalism helps integrate diverse cultural identities by allowing regions with distinct cultural characteristics to have a degree of self-governance and preserve their unique identities.
Statement 2 is incorrect: Asymmetrical federalism does not aim for uniform application of laws. Instead, it allows for different laws and regulations in different regions to cater to their specific needs.
Statement 3 is correct: One of the main goals of asymmetrical federalism is to recognize and grant regional autonomy, giving certain regions more control over their affairs.
Statement 4 is incorrect: Asymmetrical federalism is the opposite of centralized governance. It decentralizes power, giving more authority to regional governments.
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