Article 371 for Ladakh Explained

In a significant political development, the Ministry of Home Affairs (MHA) has proposed granting Article 371-like provisions for Ladakh during recent discussions with the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA). This move comes against the backdrop of growing unrest in the region, especially following deadly protests demanding Ladakh statehood and constitutional safeguards.

During these protests, four people, including a Kargil War veteran, tragically lost their lives in police action, highlighting the urgent need for addressing local concerns.

Background: Ladakh’s Political Landscape

Since the reorganisation of Jammu & Kashmir in 2019, Ladakh has been functioning as a Union Territory without a legislature.

This has led to growing discontent among locals over issues related to Ladakh politics, including land rights, preservation of cultural identity, and adequate political representation. The people of Ladakh, particularly through the LAB (representing Leh) and KDA (representing Kargil), have been vocal in their demand for meaningful administrative autonomy.

Discussions around Article 371 for Ladakh have now emerged as a possible solution to protect local laws and culture.

Key Demands from Leh and Kargil

The leaders of Leh and Kargil have collectively outlined the following demands:

1. Full statehood for Ladakh – to provide legislative powers and greater self-governance.

2. Sixth Schedule status – To safeguard tribal rights and land ownership effectively.

3. Release of activists, including climate activist Sonam Wangchuk, who were arrested during recent protests.

4. Compensation for victims of police action in Leh.

These demands reflect the unique demographic and geographical concerns of Ladakh, especially its tribal population, which many feel cannot be fully addressed under a generic provision like Article 371 for Ladakh.

Article 371 vs Sixth Schedule: Understanding the Difference

The government has suggested applying Article 371 for Ladakh, which provides special provisions to safeguard local laws, culture, and administration. Currently, Article 371 is in force in 12 Indian states, including Nagaland, Assam, Mizoram, and Sikkim. It offers certain benefits like administrative autonomy and protection of local customs but has limitations when it comes to tribal governance.

In contrast, the Sixth Schedule is a more robust framework, currently applied to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

It allows for:

• Creation of Autonomous District Councils

• Legislative powers on subjects like land, forests, customs, and community laws

• Greater local self-governance, particularly for tribal populations

This distinction explains why many Ladakhi leaders are insisting on Sixth Schedule protections rather than relying solely on Article 371 benefits in Ladakh.

Implications of Granting Article 371 for Ladakh

Granting Article 371 for Ladakh could be a first step toward providing Ladakh special provisions, but it may not fully satisfy the demands for Ladakh autonomy and the demand for tribal protection.

SSC aspirants should note the following points:

1. Administrative Autonomy: Article 371 for Ladakh would give the region a certain degree of administrative freedom but not legislative powers like statehood.

2. Tribal Rights Protection: Sixth Schedule status would offer stronger protection for Ladakh tribal rights and land rights and constitutional safeguards.

3. Political Stability: Recognising Article 371 for Ladakh could help reduce unrest temporarily while long-term solutions like Ladakh statehood and Article 371 provision discussions continue.

How Article 371 for Ladakh Can Help

While it may not be a complete solution, how Article 371 for Ladakh can help includes:

• Protecting local customs and culture

• Granting certain administrative and judicial autonomy

• Addressing part of the Ladakh autonomy demand

• Serving as a bridge toward eventual statehood

Additionally, the government’s proposal for Leh Kargil Article 371 discussions is seen as an attempt to balance immediate demands with long-term constitutional reforms.

Final Thoughts

The Ministry of Home Affairs (MHA) has proposed granting Article 371-like provisions for Ladakh to address growing local concerns over land rights, cultural identity, and political representation.

Since becoming a Union Territory in 2019, Ladakh has functioned without a legislature, sparking demands for statehood and Sixth Schedule status from the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA). While Article 371 for Ladakh aims to safeguard local laws and traditions, many believe only the Sixth Schedule can ensure deeper tribal and land protections.

The ongoing dialogue between the Centre and local leaders could reshape Ladakh’s administrative autonomy and constitutional future.