SIXTH SCHEDULE - POLITY

News: Union Home Ministry evades direct reply on Ladakh’s inclusion under Sixth Schedule of Constitution    

 

What's in the news?

       Evading a direct reply on the possible inclusion of Ladakh under the Sixth Schedule of the Constitution, the Union Home Ministry has informed a Parliamentary panel that the main objective of the inclusion of tribal populations under the said schedule is to ensure their overall socio-economic development, which the Union Territory’s administration “has already been taking care of since its creation”.

 

Key takeaways:

       In 2021, Ladakh’s only member in the Lok Sabha, the BJP’s Jamyang Tsering Namgyal, demanded constitutional safeguards by amending the Ladakh Autonomous Hill District Council (LAHDC) Act for the protection of land, employment, and the cultural identity of Ladakh under the Sixth Schedule.

       The Parliamentary Standing Committee on Home Affairs tabled a report in the Rajya Sabha which said that, according to the 2011 Census, the tribal population in the Union Territory of Ladakh is 2,18,355, that is 79.61% of the total population of 2,74,289.

       The committee recommended that special status may be granted to the Union Territory of Ladakh considering the developmental requirements of the tribal population.

       The report said: “The Committee further recommends that the possibility of including Ladakh in fifth or sixth Schedule may be examined.”

 

Sixth Schedule:

       The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions - Autonomous District Councils (ADCs), that have some legislative, judicial, and administrative autonomy within a state.

 

Powers of ADC:

       ADCs have up to 30 members with a term of five years, and can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc. (4 of whom were nominated by the governor).

       The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.

       The ADCs are empowered with civil and judicial powers. They can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.

       Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.

       Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.

 

Areas of Sixth Schedule:

       The Sixth Schedule applies to the Northeastern states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).