Context: Ladakh has witnessed renewed protests demanding statehood and inclusion under the Sixth Schedule of the Constitution. Recently, the agitation turned violent in Leh, reflecting public dissatisfaction with the governance framework under Article 240, which grants the President power to issue regulations for Union Territories without legislatures. Protesters argue that these executive orders are insufficient to safeguard Ladakh’s democratic rights, ecological balance, and tribal identity.
Governance of Ladakh under Article 240
Since being carved out of Jammu & Kashmir in 2019, Ladakh has been administered as a Union Territory without a legislature. Its governance depends on Presidential regulations under Article 240. Key provisions include:
- Domicile-based recruitment: Requires 15 years of residence or 7 years of local schooling.
- Certification process: Tehsildars issue domicile certificates, with appeals before the Deputy Commissioner.
- Reservation policy: 85% reservation for SC, ST, and OBC in jobs and professional institutes.
- Language recognition: English, Hindi, Urdu, Bhoti, and Purgi as official languages; Shina, Brokskat, Balti, and Ladakhi receive support.
- Local governance: Leh and Kargil Hill Councils reserve one-third of seats for women, on a rotational basis.
These provisions, however, remain revocable executive orders, unlike constitutional guarantees.
Factors Behind Unrest
- Legislative Deficit
The absence of a legislative assembly has curtailed democratic participation, concentrating power in central officials. - Constitutional Insecurity
Regulations under Article 240 lack permanence, while the Sixth Schedule ensures constitutional protection and legislative powers for tribal councils. - Land Ownership and Ecology
The absence of restrictions on land transfer to outsiders raises fears of ecological damage and loss of local control amid growing tourism. - Unemployment
With a graduate unemployment rate of 26.5% and no Public Service Commission, youth discontent remains high despite new reservations. - Cultural Concerns
Recognition of Bhoti and Purgi has not translated into their meaningful use in education or governance, weakening cultural preservation.
Ladakh at a Glance
- Strategic location: Bordered by Pakistan and China, making it vital for India’s security.
- Demographics: 97% Scheduled Tribes, with a Buddhist-Muslim cultural mix.
- Governance: Run directly by the Centre; Hill Councils enjoy limited autonomy.
- Geography:
- Leh – India’s second-largest district by area.
- Kargil – Includes Zanskar Valley near the Line of Control.
- Landscape: Known as India’s cold desert, home to Umling La (highest motorable pass) and Siachen Glacier.
- Resources: Highest solar radiation in India and vast geothermal potential.
Way Forward
- Democratic empowerment: Creation of a legislature or enhanced powers for Hill Councils.
- Sixth Schedule inclusion: Stronger constitutional safeguards for land, resources, and tribal identity.
- Employment focus: Establishing a Public Service Commission and promoting green energy, tourism, and infrastructure.
- Cultural and ecological protection: Integrating local languages into governance and regulating tourism for sustainability.
Conclusion
The Ladakh protests reflect the tension between centralised governance and regional autonomy in India’s federal structure. Given Ladakh’s tribal demography and fragile ecology, constitutional safeguards similar to the Sixth Schedule, along with institutional reforms, could balance national security concerns with local aspirations, ensuring stability and inclusive development.
