"Centre Proposes Article 371(K) for Ladakh Elected Governance Body"
Article 371(K)
Proposed new constitutional sub-clause to create an elected governance body for Ladakh under Part XXI.
Autonomous Hill Development Council (AHDC)
Statutory elected body for Leh and Kargil with 26 seats each, created under the 1997 Act.
Ladakh's current governance structure was created by the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the erstwhile state of J&K into two Union Territories. J&K became a UT with a legislature, while Ladakh became a UT without a legislature, effective 31 October 2019. This followed the abrogation of Article 370, which had granted special autonomous status to the erstwhile state. As a UT without a legislature, Ladakh is governed directly by the Union through a Lieutenant Governor (LG), with Parliament serving as its legislative body. Residents have no elected representation at the UT legislative level. This is a structural democratic deficit that distinguishes Ladakh from J&K UT, which has its own elected assembly.
At the sub-state level, Ladakh has two Autonomous Hill Development Councils (AHDCs): LAHDC-Leh (established 1995) and LAHDC-Kargil (established 2003), both created under the Ladakh Autonomous Hill Development Council Act, 1997. Each council has 26 elected seats and holds executive powers over land, local development, and local taxation. These are statutory bodies, not constitutionally entrenched ones. This makes them weaker than Sixth Schedule Autonomous District Councils (ADCs) under Articles 244(2) and 275(1), which apply to tribal areas of Assam, Meghalaya, Tripura, and Mizoram and draw authority directly from the Constitution. Ladakh's civil society groups have long sought protections comparable to the Sixth Schedule, particularly land protections preventing transfer of tribal land to outsiders, similar to what the Fifth Schedule provides for Scheduled Areas in mainland India.
Article 371 falls under Part XXI of the Constitution, titled 'Temporary, Transitional and Special Provisions'. Its existing sub-clauses, (A) through (J), cover states such as Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa. Each sub-clause tailors protections to that region's specific political and cultural context. The proposed Article 371(K) for Ladakh would be a new addition to this framework.
A constitutional amendment to insert Article 371(K) would require the procedure under Article 368, which mandates a special majority in both Houses of Parliament. This means a two-thirds majority of members present and voting, plus an absolute majority of total membership. Presidential assent to such a bill is obligatory. This route is the government's alternative to either Sixth Schedule inclusion or full statehood for Ladakh.
The proposed Article 371(K) is intended to create an elected governance body for Ladakh. This would address the democratic deficit created in 2019 without restoring full statehood or granting the stronger constitutional protections of the Sixth Schedule. The Sixth Schedule route would have given Ladakh's tribal communities direct constitutional protection over land and resources, including powers to prevent outsiders from acquiring tribal land. …
Consider the following statements:
1.A bill amending the Constitution requires a prior recommendation of the President of India.
2.When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3.A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
Consider the following statements:
1.An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2.If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statements given above is/are correct?
To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots?
Consider the following statements regarding the constitutional amendment procedure under Article 368 of the Constitution of India:
1.A Constitution Amendment Bill can be introduced only in the Lok Sabha.
2.Presidential assent to a Constitution Amendment Bill is obligatory.
3.There is no provision for a joint sitting of both Houses to resolve a deadlock on a Constitution Amendment Bill.
4.Amendments affecting the federal character of the Constitution require ratification by all State Legislatures.
How many of the above statements are correct?
Consider the following statements regarding Autonomous Hill Development Councils (AHDCs) in Ladakh and Sixth Schedule Autonomous District Councils (ADCs):
1.AHDCs are created by a parliamentary statute, while ADCs derive authority directly from the Constitution.
2.Both AHDCs and ADCs have 26 elected seats.
3.Sixth Schedule ADCs apply to tribal areas of Assam, Meghalaya, Tripura, and Mizoram.
4.LAHDC-Leh was established before LAHDC-Kargil.
Which of the statements given above are correct?
Which of the following correctly matches the constitutional provision with the Union Territory or region it governs?
With reference to Article 371 of the Constitution of India, consider the following pairs:
State / Region — Nature of Special Provision
1.Nagaland (Article 371A) — Protection of Naga customary law from parliamentary legislation without state legislature's consent
2.Ladakh — Currently covered under Article 371 with a sub-clause
3.Sikkim (Article 371F) — Special provisions relating to its merger and existing laws
4.Goa (Article 371I) — Requirement of a specific number of members in the Legislative Assembly
How many of the above pairs are correctly matched?
Which of the following statements correctly describes the governance of the Union Territory of Puducherry, and is relevant to understanding Ladakh's demand for a similar or stronger arrangement?
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