What special status is Ladakh seeking?

News: Sonam Wangchuk was detained on the Delhi border while leading a protest demanding inclusion of Ladakh in the 6th Schedule of the Constitution.

1. Asymmetrical Federalism is a form of federal arrangement where some states and areas enjoy more autonomy or have special provisions under the Constitution than others.

2. Asymmetrical Federalism is visible under the Fifth schedule, Sixth Schedule, Special provisions for tribal areas (Art 371 A-H)

3. Fifth Schedule Areas are officially declared as ‘Scheduled Areas’ by the President. The Governor may direct that a particular act of Parliament or State Legislature shall not apply or apply with modifications to such scheduled areas. At present, Fifth schedule is applicable in 10 states.

4. Fifth schedule provides for Tribal Advisory Councils (TAC). These councils consist of not more than 20 members, of which three-fourth shall be tribal MLAs from the state. TAC provides advice for the welfare of Scheduled Tribes.

5. Sixth Schedule is applicable to what are officially designated as tribal areas in the states of Assam, Meghalaya, Mizoram, and Tripura.

6. Sixth schedule provides for Autonomous District Councils (ADC). ADCs consist of 30 members, where not more than 4 are nominated by the governor and the rest are elected by the people. ADCs have the powers to make laws related to use and management of land, regulate shifting cultivation, social customs etc.

7. The tribal areas included in the 6th Schedule have greater autonomy through ADCs that enjoy executive, legislative, judicial and financial powers than the scheduled areas of the 5th Schedule.