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हिन्दी — Read in HindiUnion Territories, special provisions and the Fifth and Sixth Schedules
The parts of India governed differently: Union Territories, the special provisions for particular States, and the Fifth and Sixth Schedules for tribal areas.
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Ladakh: governance and constitutional safeguards
Copy link to Ladakh: governance and constitutional safeguardsPrelims and Mains
LeadLadakh: an Article 371 model in place of the Sixth ScheduleJuly 2026
Why in news
On 3 July 2026 the Home Ministry released the agreed minutes of its talks with Ladakh's two civil society alliances. They propose a customised model under Article 371 for the Union Territory: an elected body with legislative, executive and financial powers.
Background
- Ladakh became a Union Territory without a legislature in 2019, under the Jammu and Kashmir Reorganisation Act. A Lieutenant Governor administers it.
- Local self government is through the Ladakh Autonomous Hill Development Councils of Leh and Kargil.
- The Leh Apex Body and the Kargil Democratic Alliance have asked for four things: statehood, inclusion in the Sixth Schedule, a public service commission, and two Lok Sabha seats.
- Most of Ladakh's people belong to Scheduled Tribes, which is the basis of the Sixth Schedule demand.
The Sixth Schedule and Article 371 compared
- The Sixth Schedule creates autonomous district councils in the tribal areas of Assam, Meghalaya, Tripura and Mizoram, with power to make laws on land, forests and custom.
- Article 371 and its lettered variants give particular States safeguards written for them, such as Article 371A for Nagaland and 371G for Mizoram, which protect customary law and land.
- The Sixth Schedule is a ready framework; an Article 371 provision is drafted afresh for each case, so its strength depends on its wording.
What the minutes provide
- An elected body at the level of the Union Territory, with executive, financial and legislative powers.
- Control by the elected executive over the civil servants who handle its subjects.
- Statehood recorded as the long term aspiration, and the elected body as a first step.
- Separately, on 13 July the Ladakh administration said the hill councils would be extended to all seven districts.
The analysis
- Why Ladakh asks for protection: a fragile ecology, a small population and the fear of losing land and jobs to outsiders.
- Why the Centre prefers Article 371: it allows a design fitted to a border territory, without the fixed structure of the Sixth Schedule.
- The open points: whether the new body's laws need the Centre's assent, and how land will be protected.
- Security: Ladakh borders both China and Pakistan, which shapes how much autonomy the Centre will give.
Cases to cite
- Samatha v. State of Andhra Pradesh (1997): land in a Scheduled Area cannot be transferred to non tribals, even by the State.
- Pu Myllai Hlychho v. State of Mizoram (2005): the Sixth Schedule is a 'Constitution within the Constitution'.
- In re Article 370 of the Constitution (2023): upheld the creation of the Union Territory of Ladakh under Article 3.
The way forward
- Put the model into the Constitution, since an executive arrangement can be withdrawn.
- Protect land, jobs and culture in clear words, as Article 371A does.
- Keep statehood on the table, with a timeline.
- Involve both Leh and Kargil, whose interests differ.
Prelims facts
- The Sixth Schedule applies to Assam, Meghalaya, Tripura and Mizoram.
- The Fifth Schedule applies to Scheduled Areas in other States.
- Article 371A: Nagaland. Article 371G: Mizoram. Article 371F: Sikkim.
- Ladakh has had no legislature since 2019.
Ladakh became a Union Territory without a legislature in 2019, under the Jammu and Kashmir Reorganisation Act. A Lieutenant Governor administers it.
What changed
Show history (1 other update)
27 Aug 2026Briefnewly addedThe President promulgated the Union Territory of Ladakh Regulation, 2026, which lets the common High Court of Jammu and Kashmir and Ladakh sit in Ladakh. Its Chief Justice may still direct that Ladakh cases be heard at Srinagar or Jammu. PRS Legislative Research, 27 Aug 2026: Monthly Policy Review, August 2026 (opens in a new tab)
Also filed elsewhere
- Armed Forces (Special Powers) Act, 1958 · on Governor and Centre and State relations
The Armed Forces (Special Powers) Act (AFSPA), 1958 gives the armed forces special powers in areas declared disturbed.