Context: The Ministry of Home Affairs (MHA) has proposed inserting a new constitutional provision, Article 371(K) (or Chapter K under Part XXI), to establish a directly elected governing body with legislative powers for the Union Territory of Ladakh.
About Proposed Article 371(K):
What it is?
- A proposed constitutional amendment under Part XXI of the Constitution (Temporary, Transitional and Special Provisions) intended to create a sui generis (unique) model of governance for the Union Territory of Ladakh. It provides for a directly elected UT-level governing body vested with legislative authority over specified subjects.
Background:
- Following the bifurcation of the erstwhile state of Jammu and Kashmir under the J&K Reorganisation Act, 2019, Ladakh was carved out as a Union Territory without a legislative assembly.
- The transition resulted in governance largely led by bureaucrats and the Lieutenant Governor rather than elected representatives, sidelining the existing Autonomous Hill Development Councils (LAHDC Leh and Kargil).
- In response, the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) joined forces, demanding full statehood, protection under the Sixth Schedule, dedicated public service commissions, and parliamentary representation.
Aim: To restore democratic governance in Ladakh, protect tribal rights, land and ecology, and address political alienation without granting statehood or Sixth Schedule status.
Key Features:
- Directly Elected UT-Level Legislative Body: Mandates the creation of a territorial governing body elected through direct universal franchise, transitioning Ladakh away from purely bureaucratic administration.
- Legislative Domain over Critical Subjects: Grants legislative authority over ecologically and culturally sensitive domains, including land rights, transfer of property, culture and language, forests, environment, and natural resources.
- Concurrence with Article 240 Regulations: Entails powers over subject matters otherwise reserved for presidential regulations for Union Territories under Article 240 of the Constitution.
- Tailored Constitutional Safeguards (Sui Generis Model): Mirrors the protective mechanisms found in Articles 371A (Nagaland) and 371G (Mizoram), where central laws on land and local traditions do not apply automatically without local legislative assent.
- Pending Crucial Jurisdictions: The proposed framework currently leaves critical domains undecided—notably financial autonomy, budget allocations, executive decision-making, and command over police and public order.
