Why in NEWS
To address long-standing demands from Ladakh’s people for land protection, job reservations, language recognition, and political autonomy, the Centre has issued regulations under Article 240 of the Constitution—without granting the Sixth Schedule status that many groups have been demanding.
Key Terms & Concepts
Key Term | Definition |
---|---|
Article 240 | Empowers the President to make regulations for certain Union Territories. These regulations have the same force as Acts of Parliament. |
Sixth Schedule | Constitutional provision (Articles 244(2) & 275(1)) that allows for the creation of Autonomous District Councils (ADCs) for tribal governance. |
Leh Apex Body (LAB) | A group representing local interests in Leh district, advocating for constitutional protections post Article 370 abrogation. |
Kargil Democratic Alliance (KDA) | A political alliance in Kargil district pushing for local safeguards, similar to LAB. |
Domicile Criteria | Eligibility based on 15 years of residency, 7 years of education, or passing Class 10 or 12 from Ladakh. |
LAHDC | Ladakh Autonomous Hill Development Council. Now amended to provide one-third reservation for women. |
News in Simple Terms
- Background: After the 2019 abrogation of Article 370, Ladakh became a Union Territory without a legislature. Since then, there have been strong demands for Sixth Schedule status to protect Ladakh’s unique identity.
- People’s Demands:
- Sixth Schedule inclusion for constitutional safeguards.
- Restrictions on outsider land ownership.
- Creation of a Legislative Assembly.
- Cultural and linguistic protections.
- Government’s New Regulations under Article 240:
- Job Reservations: All government jobs now require domicile-based eligibility.
- Reservation Cap: Total of 85% for SC, ST, OBC, and SEBCs. 10% EWS quota remains.
- Education Access: Reservations extended to medical and engineering colleges.
- Language Promotion: English, Hindi, Urdu, Bhoti, and Purgi are official. Shina, Brokskat, Balti, and Ladakhi are promoted.
- Women’s Representation: One-third seat reservation in LAHDC Leh and Kargil.
Visual Summary: Demands vs Government Action
mermaidCopyEditgraph LR
A[Demands by People] --> B[Sixth Schedule Status]
A --> C[Land Rights Protection]
A --> D[Cultural & Language Safeguards]
A --> E[Legislative Assembly]
F[Government Action under Article 240] --> G[Domicile-Based Job Reservation]
F --> H[Language Promotion]
F --> I[Educational Quotas]
F --> J[Women's Reservation in LAHDC]
In a Nutshell: MEMORY CODE – “JELLY LAW”
J – Job Reservations (Domicile Based)
E – Education Quota in Professional Colleges
L – Languages Official & Regional Promotion
L – LAHDC Women’s Representation
Y – Years of Residency (15) & Education (7)
L – Land Rights Not Fully Protected
A – Autonomy Demanded (Sixth Schedule)
W – Why Sixth Schedule? Constitutional Safeguards
Prelims Practice Questions
Q1. Consider the following statements regarding Article 240 of the Indian Constitution:
- It allows the President to make regulations for peace and good governance in certain Union Territories.
- These regulations have the same force as laws made by Parliament.
- It applies to all states and union territories.
Which of the above statements are correct?
a) 1 and 2 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2 and 3
Q2. With reference to the Sixth Schedule of the Indian Constitution, consider the following:
- It provides for the creation of Autonomous District Councils (ADCs) in all tribal areas across India.
- These councils can make laws on land and forest management.
- It is currently applicable only in select northeastern states.
Which of the above are correct?
a) 2 and 3 only
b) 1 and 2 only
c) 1 and 3 only
d) 1, 2 and 3
Q3. Which of the following are features of the new regulations notified for Ladakh under Article 240?
- 85% reservation cap for socially and educationally backward groups
- Reservation for women in LAHDC
- Recognition of Ladakhi as the only official language
Select the correct answer using the code below:
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Mains Practice Questions
- Discuss the significance of Sixth Schedule provisions in safeguarding the cultural and political rights of tribal communities. Do you think these provisions should be extended to Ladakh? Justify.
- Examine the implications of the Centre’s use of Article 240 to legislate for Ladakh. How does this compare with constitutional protections under the Sixth Schedule?
Previous Year Question
“Discuss the role of the Fifth and Sixth Schedules in the protection of tribal rights in India.” — UPSC Mains GS-II, 2021
Prelims Answers & Explanations
Question Number | Answer | Explanation |
---|---|---|
Q1 | a) 1 and 2 only | Article 240 applies only to specific UTs, not to all states and UTs. Statements 1 and 2 are correct. |
Q2 | a) 2 and 3 only | Statement 1 is incorrect; it is applicable only to NE tribal areas, not all India. Statements 2 and 3 are correct. |
Q3 | a) 1 and 2 only | Ladakhi is promoted, not the only official language. Statement 3 is incorrect. |