Sixth Schedule for Ladakh- Rationale and Concerns- Explained Pointwise

Recently, climate activist, Sonam Wangchuk, was detained at the Delhi border while leading a protest for Ladakh’s inclusion in the Sixth Schedule of the Constitution. The demand for sixth schedule status is aimed for greater autonomy to the region. While the demands for a separate public service commission and two parliamentary seats were met, the demands of the statehood for Ladakh and its inclusion under the sixth schedule of the Indian constitution has been rejected by the MHA.

Also, recently, similar demands have been made in Arunachal Pradesh and Manipur for their inclusion in the sixth schedule. The focus is on the protection of ethnic groups under special constitutional provisions.

In this article, we will look at the historical roots of demands for fifth and sixth schedule of the constitution. We will look at the provisions of the sixth schedule of the constitution. We will also look examine Ladakh’s demands for inclusion in the sixth schedule.

What are the Historical roots of demands for the fifth and sixth schedule of the constitution?

Fifth and Sixth Schedule Roots- The demands for fifth and sixth schedule are rooted in asymmetrical federalism in India. India follows an asymmetrical federal structure, where certain states or regions have more autonomy than others.
Unlike symmetrical federations like the U.S. or Australia, where all states share equal powers, India grants special provisions to some areas (under fifth and sixth schedule), especially those with unique ethnic compositions.

Historical Context behind the introduction of Fifth and Sixth Schedules

Impact of Colonial Rules- The Fifth and Sixth Schedules of the Indian Constitution have their roots in colonial policies that recognized the distinct nature of tribal populations.
Tribals maintained their autonomy over their lands until British forest policies restricted their rights. This led to rebellions like the Kol (1831-32) and Santhal (1885) revolts. To address tribal discontent, the Government of India Act of 1935 introduced ‘excluded‘ and ‘partially excluded‘ areas, which later influenced the creation of the Fifth and Sixth Schedules.

What are the Distinctive Features of the Special Schedules which provide for regional Autonomy?

Distinctive Features of special schedules

Why is Ladakh Demanding Inclusion in the Sixth Schedule of The Constitution?

1. Political Representation and autonomy- The Jammu and Kashmir Reorganisation Act 2019, created two separate UTs of J&K (with legislature) and Ladakh (without legislature).  While there had been four MLAs from the Ladakh region in the erstwhile J&K Assembly, now the administration of Ladakh is completely in the hands of bureaucrats. Thus, sixth schedule status is being demanded to ensure political representation and autonomy.

2. Lack of Local Employment opportunities- The administration of UT of Ladakh has failed to create local employment opportunities for youth of Ladakh. For Ex- Absence of a public service commission and lack of comprehensive job policy even after 4 years of creation of UT of Ladakh.

3. Preservation of Cultural Identity- Sixth schedule status is also being demanded to protect Ladakh’s unique cultural heritage and traditional customs. For ex- Tribals like Gujjars, Bakarwals, Bots, Changpas, Baltis and Purigpas have distinct cultures which can better be preserved under sixth schedule of the constitution.

4. Preservation of Ladakh’s Fragile ecosystem- Climate activists have raised flagged serious concerns regarding mining and industrialisation in the fragile glacial ecological system of Ladakh. Sixth schedule status is being demanded to protect the high-altitude deserts, glaciers and alpine meadows which are a crucial habitat for rare and endangered species.

5. Change in domicile policy of Jammu and Kashmir- The change of domicile policy in UT of J&K has amplified demands for sixth schedule for Ladakh to ensure domicile for Ladakh population.

6. Strengthening of democratic institutions- The establishment of autonomous councils under the Sixth Schedule would also strengthen democratic institutions at the grassroots level. For ex- More powers and autonomy to Ladakh Autonomous Hill Development Councils (LAHDC).

What are The Advantages of Being Included in the Sixth Schedule of The Constitution?

1. Democratic Devolution of Powers- Sixth Schedule has helped in democratic devolution of powers through the creation of Autonomous District Councils which have some legislative, judicial and administrative autonomy within a state.

2. Preservation of Cultural Practices and Customs- The inclusion of a region in the sixth schedule ensures protection of local language, cultural practices and customs. For ex- Bodo language of Bodoland were protected.

3. Protection of tribal Land rights- Sixth schedule has also helped in protection of agrarian and land rights by granting the autonomous councils the powers to legislate on matters like land, forests, and fisheries.

4. Grant-in Funds- Sixth schedule areas are provided with enhanced quantum of Grant-in Funds for rapid development and transformation. For ex- Finance commission recommendations for Grant-in aids for sixth scheduled areas

5. Sustainable Socio-Economic Development- The inclusion of a region in the sixth schedule ensures socio-economic development of a region in consonance with the cardinal virtue of sustainability.

What are The Issues with The VI Schedule of the Constitution?

1. Limited Geographical Coverage- The sixth schedule areas are limited in their geographical coverage and exclude numerous tribal communities, leading to unequal treatment and exclusion. For ex- Only limited to certain tribal pockets of Assam, Meghalaya, Tripura and Mizoram.

2. Lack of Effective decentralisation- The sixth schedule areas often lack effective and real decentralisation of powers and administration. For ex- Only one District council for entire Bodo Territorial Area districts.

3. Legislative power of state over autonomous councils- The laws made by the councils require the assent of governor. Also, in case of conflict of interest between the District Councils and the state legislature, the latter would prevail.

4. Financial dependency- Autonomous councils are dependent on their respective state governments for funds in addition to the occasional special package from the Centre. For ex- Lack of timely constitution of State Finance Commission for recommending devolution of  funds to District Councils and Regional Councils.

5. Corruption and Financial Mismanagement- The functioning of different councils in the sixth schedule areas has been marred by corruption and financial mismanagement.

6. Lack of skilled professionals- The autonomous councils lack skilled planning professionals, which results in ill-conceived development projects without proper technical and financial consideration.

7. Lack of Codification of customary Laws- The councils have failed in codifying customary laws of the local tribal population.

8. Political Interference- The autonomy granted by the Sixth Schedule is often undermined by political interference from the Centre and State governments.

9. Pending Constitutional Bill which provides for greater reforms- The delay in passage of the 125th Constitutional Amendment Bill, which aims to empower ADCs, has hindered greater self-governance in these areas.

10. Non-implementation of FRA- The Forest Rights Act, 2006, which aims to protect tribal land rights, has not yet been implemented in the sixth schedule area.

What Should be The Way Forward?

1. Creation of elected Village Councils- Village councils must be created with their accountability to the local Gram Sabhas.

2. Ensuring regular Elections- The state governments must ensure regular, free and fair elections to these autonomous councils. For Ex- Reduce the dominance of Tribal Elites.

3. Representation of Women and other Ethnic Minorities- Women and other ethnic minorities must be provided adequate representation in these autonomous councils.

4. Increase geographical coverage- Constitutional amendment must be brought to expand coverage of 6th scheduled areas in other tribal dominated regions which need protection. For ex- Ladakh inclusion in 6th schedule.

5. Transparency- Transparency in funds, functionaries and functioning of the autonomous district councils must be enhanced for effective socio-economic development.