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News: The Centre has proposed Article 371(K) to provide Ladakh with constitutional safeguards and a directly elected governing body.
About Article 371(K)
- Article 371(K) is a proposed constitutional provision for Ladakh.
- It is intended to provide a directly elected Union Territory-level legislative body along with special safeguards.
- Proposed by: The Union Ministry of Home Affairs (MHA) proposed this framework during talks with Ladakh representatives, including the Leh Apex Body and Kargil Democratic Alliance.
- Origin:
- 2019 Reorganisation: Ladakh became a separate Union Territory without a legislative assembly after the reorganisation of Jammu and Kashmir in 2019.
- Demand for Safeguards: Concerns over land, employment, demography, cultural identity and limited Hill Council powers led to demands for stronger constitutional protection.
- Key Features of the Proposal:
- Directly Elected Body: Ladakh would have a directly elected governing body at the Union Territory level.
- Legislative Powers: The body would have powers over land, culture and language, forests, environment and natural resources.
- Separate Arrangement: Article 371(K) would create a separate constitutional arrangement for Ladakh, rather than simply extending the Sixth Schedule.
- Unresolved Powers: The Executive, financial, planning, police and law-and-order powers have not yet been decided.
- There is no detailed draft specifying the powers of the proposed body, and further talks are expected in October.
- Difference Between Article 371(K) and Sixth Schedule:The Sixth Schedule creates Autonomous District Councils within States(Assam, Meghalaya, Mizoram and Tripura)..
- In contrast, Article 371(K) proposes a directly elected governing body for Ladakh, a Union Territory, creating a distinct constitutional arrangement.
About Article 371
- Special Provisions: Articles 371 to 371-J provide special constitutional arrangements for 12 States.
- Original provision: Article 371 was part of the original Constitution and provided special arrangements for certain regions.
- Later additions: Articles 371-A to 371-J were added later through constitutional amendments under.
- States Covered: The 12 States are Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka.
- Different Safeguards: These provisions vary from state to state and provide safeguards relating to local political, cultural, social or economic interests.
